Amazon Web Services: AWS Service Terms

or other agreement with us governing your use of the Services (the “Agreement”). For purposes of these Service Terms, “Your Content” includes any “Company Content” and any “Customer Content,” and “AWS Content” includes “Amazon Properties.”
1.1.
You may not transfer outside the Services any software (including related documentation) you obtain from us or third party licensors in connection with the Services without specific authorization to do so.
1.2.
You must comply with current technical documentation applicable to the Services (including applicable user, admin, and developer guides) posted on the AWS Site at
https://docs.aws.amazon.com/index.html
(and any successor or related locations designated by us).
1.3.
You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
1.4.
In connection with your use of the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement (including the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove Your Content without prior notice, we will provide prompt notice to you unless prohibited by law. We terminate the accounts of repeat infringers in appropriate circumstances.
1.5.
You will ensure that all information you provide to us via the AWS Site (e.g., information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.
1.6.
From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and AWS Content (“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.
1.7.
If your Agreement does not include a provision on AWS Confidential Information, and you and AWS do not have an effective non-disclosure agreement in place, then you agree that you will not disclose AWS Confidential Information (as defined in the AWS Customer Agreement), except as required by law.
1.8.
You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, you (i) will include in any disclosure, and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services.
1.9.
Only the applicable AWS Contracting Party (as defined in the AWS Customer Agreement) will have obligations with respect to each AWS account, and no other AWS Contracting Party has any obligation with respect to such account. The AWS Contracting Party for an account may change as described in the Agreement, and the new AWS Contracting Party will be responsible for issuing any invoices to you after such change, including monthly invoices. Invoices for each account will reflect the AWS Contracting Party that is responsible for that account during the applicable billing period. You agree to accept invoices from AWS electronically, in a format and method of delivery as determined by AWS, e.g., in a PDF format, as permitted under applicable law.
If, as of the time of a change of the AWS Contracting Party responsible for your account, you have made an up-front payment for any Services under such account, then the AWS Contracting Party you paid such up-front payment to may remain the AWS Contracting Party for the applicable account only with respect to the Services related to such up-front payment.
1.10.
When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
1.11.
If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
1.12.
If you have been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), you may request a Service credit equal to any charged amounts for such period.
1.13.
If you are a customer that is subject to the French Politique générale de sécurité des systems d’information de santé (PGSSI-S), you agree that your use of the Services complies with the PGSSI-S.
1.14. Data Protection.
1.14.1
These Service Terms incorporate the
AWS Data Processing Addendum
(“DPA”), when you use AWS Services to process Customer Data (as defined in the DPA).
1.14.2
These Service Terms incorporate the
AWS Supplementary Addendum
to the DPA, when you use AWS Services to process Customer Data (as defined in the DPA).
1.14.3
These Service Terms incorporate the Standard Contractual Clauses between controllers and processors (“
Controller-to-Processor Clauses
”) and the Standard Contractual Clauses between processors (“
Processor-to-Processor Clauses
”) approved by the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (the “SCCs”). The SCCs will only apply when: (i) the GDPR applies to your use of the AWS Services to process Customer Data; and (ii) Customer Data is transferred either directly or via onward transfer, to a country outside of the European Economic Area not recognised by the European Commission as providing an adequate level of protection for personal data subject to GDPR (together a “Data Transfer”). When you are a controller (as defined in the GDPR), the Controller-to-Processor Clauses will apply to a Data Transfer. When you are a processor (as defined in the GDPR), the Processor-to-Processor Clauses will apply to a Data Transfer.
1.14.4
These Service Terms incorporate the
AWS UK GDPR Addendum
to the DPA, when the UK GDPR applies to your use of the AWS Services to process UK Customer Data (as defined in the AWS UK GDPR Addendum), and the
AWS Swiss Addendum
to the DPA, when the FDPA applies to your use of the AWS Services to process Swiss Customer Data (as defined in the AWS Swiss Addendum).
1.14.5
These Service Terms incorporate the
AWS CCPA Terms
(“CCPA Terms”), when the CCPA applies to your use of the AWS Services to process Personal Information (as defined in the CCPA Terms).
1.15.
Following closure of your AWS account, we will delete Your Content in accordance with the technical documentation applicable to the Services.
1.16.
Your receipt and use of any Promotional Credits is subject to the
AWS Promotional Credit Terms & Conditions
.
1.17. Payment Currency
1.17.1
AWS provides a Service that enables payment in certain currencies (“Payment Currency”) other than United States dollars when you purchase certain Services from AWS (the “Currency Service”). When you purchase Services in certain countries outside of the United States, we may require you, because of currency controls or other factors, to use the Currency Service. When using the Currency Service you are not tendering payment in one currency and receiving from us another currency.
1.17.2
When you use the Currency Service, Service fees and charges will automatically be invoiced in the Payment Currency. You must pay invoices in the currency specified on each invoice, but, for credit card or debit card purchases, you may only make payments in currencies supported by the issuer of your card. If the issuer of your credit card or debit card does not support the required Payment Currency, you must use a different payment method that does support paying in the Payment Currency.
1.17.3
Our fees and charges for your use of the Currency Service, if any, are included in the exchange rate applied to your invoice (the “Applicable Exchange Rate”). Third-parties, such as your bank, credit card issuer, debit card issuer, or card network, may charge you additional fees. The Applicable Exchange Rate is determined at the time your invoice is generated and, for invoices covering usage of Services over a period of time, will apply to all usage and Service charges listed on that invoice.
1.17.4
All refunds processed against an invoice will be provided in the currency in which the invoice was generated and reflected as a credit memo or a payment in your Payment Currency.
1.17.5
You agree that by using the Currency Service, information related to your payment, including your name and address, may be used by our banking partners to process your payments in jurisdictions other than the United States.
1.18.
By accessing and using AWS Content or the Services, you agree to the terms of the
Intellectual Property License
.
1.19.
We will not use Individualized Usage Data or Your Content to compete with your products and services. “Individualized Usage Data” means data about your use of the Services that are specifically identified with your AWS account.
1.20.
We may use information about how you use and interact with the Services to improve those Services.
1.21
. Information included in resource identifiers, metadata tags, access controls, rules, usage policies, permissions, and similar items related to the management of AWS resources does not constitute Your Content. AWS recommends that you do not include personally identifying, confidential, or sensitive information in these items.
1.22. Tax Exempt Status
1.22.1
To request tax exempt status for your AWS account, you must provide us with a valid tax exemption certificate or other equivalent documentation for the relevant jurisdiction. You are responsible for updating such documentation so it is accurate at all times.
1.22.2
In certain jurisdictions (as noted in the
AWS Tax Help
pages), you may only use your tax-exempt account to purchase services that are eligible for tax exemption. If you do not use services for the purpose for which your tax exemption applies, you are responsible for reporting and paying sales and use taxes for that usage directly to the relevant tax authorities to the extent required by law.
1.22.3
If you are required by law to pay us using your organization’s funds to qualify for your tax exemption, you warrant that purchases on your account will be made with the tax-exempt organization’s funds.
1.22.4
We may, in our sole discretion, reject your request for tax exempt status or revoke the tax exempt status of your account at any time.
1.22.5
If you turn on
tax settings inheritance
, you warrant that the application of any tax exemption on your Management Account to your Organization’s Member Accounts (both as defined in the AWS Organizations section below) complies with applicable tax laws. If a governmental authority determines that the correct amount of tax has not been collected on your purchases, you will assist AWS as necessary (including providing information and documentation as reasonably required) to substantiate your payment of those taxes and promptly reimburse AWS for any associated costs.
1.23.
If you use any artificial intelligence and machine learning Services, features, and functionality (including third-party models) that we provide, it’s your responsibility to ensure that your use complies with all applicable laws, rules, and regulations, and the
AWS Responsible AI Policy
.
1.24.
Certain Services may incorporate generative AI features, powered by Amazon Bedrock, that enable you to use prompts to generate output, including: Amazon Bio Discovery, Amazon CloudWatch, Amazon CodeCatalyst, Amazon Connect Customer, Amazon Connect Decisions, Amazon Connect Health, Amazon Connect Talent, AWS Database Migration Service, Amazon DataZone, Amazon Lex, Amazon OpenSearch Service, Amazon Personalize, Amazon Q, AWS Entity Resolution, AWS Transform, AWS AppFabric, AWS HealthScribe, AWS Resilience Hub, AWS App Studio, Kiro, Amazon SageMaker Data Agent, the model customization agent in SageMaker AI, Amazon Quick, AWS DevOps Agent, AWS Continuum (including features previously named AWS Security Agent), AWS FinOps Agent (Preview), Amazon WorkSpaces, AWS Deadline Cloud, and Amazon GuardDuty.
1.24.1.
Amazon Bedrock abuse detection mechanisms may apply to such Services. See
here
and applicable Service-specific documentation for more details.
1.24.2.
To improve performance, such services may use cross-region inference, using the optimal AWS Region to process your Content when running model inference. See the applicable service documentation for more details.
1.25.
You will not use, and will not facilitate or allow End Users to use, the Services to mine cryptocurrency.
1.26.
AWS consents to the assignment of an AWS account from one entity to another, subject to the terms of the AWS Account Assignment Requirements, posted
here
.
1.27
. To benefit from any contract with AWS enabling you to use AWS Services under the same terms as your affiliate's Agreement solely because your accounts are joined as Member Accounts of their Organization (as defined in the AWS Organizations section below), your AWS Contracting Party must be a signatory to your affiliate's Agreement.
1.28.
These Service Terms incorporate the
AWS EU Data Act Addendum
, if the EU Data Act (Regulation (EU) 2023/2854) applies to your use of the Services.
1.29.
Use of the AWS European Sovereign Cloud is subject to the
AWS European Sovereign Cloud Addendum
.
1.30.
These Service Terms incorporate the
AWS UK Switching Addendum
for customers with an Eligible Account, as defined in the AWS UK Switching Addendum.
2. Betas and Previews
2.1.
This Section describes the additional terms and conditions under which you may (a) access and use certain features, technologies, and services made available to you by AWS that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental”, and any related AWS Content (each, a “Beta Service”) or (b) access and use Services and any related AWS Content available in AWS regions that are not generally available, including, but not limited to, any AWS regions identified by AWS as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”).
2.2.
You must comply with all terms related to any Beta Service or Beta Region as posted on the AWS Site or otherwise made available to you. AWS may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Services or Beta Regions at any time. AWS may add, modify, or remove functionality, features, documentation, or other related aspects of any Beta Service or Beta Region at any time and these aspects may be different from any generally available version of the applicable Beta Service or Beta Region. Service Level Agreements do not apply to Beta Services or Beta Regions.
2.3.
You may provide AWS with information relating to your access, use, testing, or evaluation of Beta Services or Beta Regions, including observations or information regarding the performance, features, and functionality of Beta Services or Beta Regions (“Test Observations”). AWS will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Beta Service or Beta Region.
2.4.
AWS may suspend or terminate your access to or use of any Beta Service or Beta Region at any time. Your access to and use of each Beta Service and Beta Region will automatically terminate upon the release of a generally available version of the applicable Beta Service or Beta Region or upon notice of termination by AWS. Unless otherwise communicated to You, any Beta Service or Beta Region made available to You is provided for evaluation purposes and should not be used for processing sensitive data. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of your access to or use of any Beta Service or Beta Region for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Beta Region, and (b) Your Content used in the applicable Beta Service or Beta Region may be deleted or inaccessible and Your Content may not be migrated over to a generally available version of the applicable Beta Service or Beta Region.
2.5.
Test Observations, Suggestions concerning a Beta Service or Beta Region, and any other information about or involving (including the existence of) any Beta Service or Beta Region are considered AWS Confidential Information.
2.6.
WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, BETA SERVICES AND BETA REGIONS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, AWS IS PROVIDING BETA SERVICES AND BETA REGIONS TO YOU “AS IS.” AWS AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES AND BETA REGIONS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES AND BETA REGIONS WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. AWS’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES AND BETA REGIONS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE BETA SERVICES OR BETA REGIONS THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
3. Amazon CloudFront
3.1.
You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with Amazon CloudFront. You are solely responsible for the renewal, security, and proper configuration of any SSL certificates that you provide for use with Amazon CloudFront, including any disclosure of your SSL certificates to third parties.
3.2.
CloudFront Flat-rate Pricing Plans. If your usage exceeds the allowances in your CloudFront Flat-rate Pricing Plan, AWS may take appropriate action, which may include reducing your performance (e.g. throttling) or requiring a change to your pricing structure.
4. AWS Outposts
4.1.
“AWS Outposts” includes AWS Outposts racks and AWS Outposts servers.
4.2.
Outposts Equipment. AWS will make equipment available to you to support your use of the AWS Outposts Service (the “Outposts Equipment”). AWS or its affiliates maintain all rights in the Outposts Equipment and is not selling, renting, leasing, or transferring any ownership, intellectual or other rights in the Outposts Equipment to you. You will not, and will not purport to, assign, grant, or transfer the Outposts Equipment or any interest in the Outposts Equipment to any individual or entity, and any such purported assignment, grant or transfer is void.
4.3.
Facility Assessment. You will ensure that, at all times, the facility at which the Outposts Equipment is located (the “Designated Facility”) meets the minimum requirements necessary to support the installation, maintenance, use, and removal of the Outposts Equipment as described
here
and otherwise as described in the Outposts technical documentation or indicated to you during the ordering and installation process.
4.4.
Delivery and Use. You will ensure that you have all necessary rights, certifications, and licenses for the delivery, installation, maintenance, use, and removal of the Outposts Equipment at the Designated Facility. You are responsible for any damage to the Outposts Equipment while it is at the Designated Facility, unless caused by AWS. AWS may terminate your use of AWS Outposts and remove the Outposts Equipment if you breach these terms or materially breach the terms of the Agreement with respect to AWS Outposts. In the event that we terminate your use of AWS Outposts and remove the Outposts Equipment in accordance with this Section 4.4, we will provide you with prior notice where practicable under the circumstances.
4.5.
Access to Outposts Equipment. You will give personnel designated by AWS prompt and reasonable access to the Designated Facility as necessary to deliver, install, inspect, maintain, and remove the Outposts Equipment. You will not require AWS personnel to sign, accept, or otherwise agree to any documentation as a condition of accessing the Designated Facility, and you agree that the terms of any such documentation are void even if signed by AWS personnel. You will ensure that no one accesses, moves, or repairs the Outposts Equipment other than (i) personnel designated by AWS, (ii) as permitted in writing by AWS in connection with the maintenance of Outposts Equipment, or (iii) as necessary due to a situation involving imminent injury, damage to property, or an active fire alarm system. You will ensure that no one modifies, alters, reverse engineers, or tampers with the Outposts Equipment. You acknowledge that the Outposts Equipment may be equipped with tamper monitoring.
4.6.
AWS Support Options. You will remain enrolled in either
Enterprise On-Ramp Support
or
Enterprise Support
during the entire period of your use of AWS Outposts.
4.7.
Services/SLAs/Security. The Service Terms for any Services that run locally on AWS Outposts also apply to your use of those Services on AWS Outposts. There are inherent differences between Services running locally on AWS Outposts from those Services running at AWS operated facilities because the Outposts Equipment is physically located at the Designated Facility where you are responsible for physical security and access controls, as well as all power, networking, and environmental conditions. Due to these differences:
a. The Service Level Agreements for any Services that run locally on AWS Outposts do not apply to your use of those Services on AWS Outposts.
b. Any AWS commitments in the Agreement that depend on AWS’s operation of such physical security and access controls, or power, networking, and environmental conditions, do not apply to AWS Outposts or any Services running locally on AWS Outposts.
c. The specific compliance and assurance programs for which AWS Outposts are in scope are listed
here
. For other Services listed
here
, those Services are not in scope when running locally on AWS Outposts unless AWS Outposts is also separately listed for the specific compliance or assurance program.
4.8.
AWS Outposts servers
4.8.1.
Installation, Use, and Removal. You are responsible for the installation, use, and removal of the AWS Outposts servers at the Designated Facility and returning the Outposts Equipment to AWS as described in the Outposts technical documentation or as otherwise indicated to you during the ordering process. In addition to other rights and remedies AWS may have under the Agreement, AWS may charge you a lost device fee if the Outposts Equipment is lost between when it is first in your possession and when the carrier accepts the Outposts Equipment for delivery back to AWS. You must notify and obtain AWS’s consent before moving the Outpost Equipment from the Designated Facility.
5. Amazon Elastic Compute Cloud
5.1.
In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software”).
5.1.1.
If you use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
The Microsoft Software is neither sold nor distributed to you, and you may use it solely in conjunction with the Services.
You may not transfer or use the Microsoft Software outside the Services.
You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Microsoft Software.
You may not reverse engineer, decompile, or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.
Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services.
Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.
You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
Microsoft is an intended third-party beneficiary of this Section 5.1.1, with the right to enforce its provisions.
5.1.2.
For any instance running Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container, or similar technologies to sell or resell multiple instances, portions of an instance, or containers running within the Microsoft Instance, unless (a) you are the ultimate end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance with your own applications, or (c) you have added primary and significant functionality to the Microsoft Instance.
5.2.
In conjunction with the Services, you may be allowed to use certain software (including related support, maintenance, and documentation) developed, owned, or provided by third parties or their licensors. Use of third party software is subject to these additional terms and conditions:
Your use of NVIDIA Corporation’s GRID Software is subject to the terms and conditions of the
NVIDIA GRID Cloud End User License Agreement
.
Your use of NVIDIA Corporation’s Tesla Driver, CUDA Toolkit, cuDNN, NVENC, NVCUVID, NVM:, nvidia-smi, and NCCL Library Software, toolkits, and drivers is subject to the terms and conditions of the
NVIDIA Cloud End User License Agreement
and
NVIDIA Third Party Materials Notices
.
Your use of Red Hat, Inc.’s software is subject to the terms and conditions of the
Red Hat Cloud Software Subscription Agreement
. Red Hat also disclaims any (i) warranties with respect to Red Hat, Inc. software; and (ii) liability for any damages, whether direct, indirect, incidental, special, punitive or consequential, and any loss of profits, revenue, data or data use, arising from use of Red Hat, Inc. software.
Your use of SUSE LLC’s software is subject to the terms and conditions of the
SUSE End User License Agreement
and the
SUSE Terms and Conditions
.
Your use of Apple Inc.’s software is subject to the terms and conditions of the applicable
Apple Software License Agreement
.
Your use of Qualcomm Technologies Inc.’s software is subject to the terms and conditions of Qualcomm’s
Software Development Kit License Agreement
.

As a Seller, you will be the seller of record of your rights to a Marketable EC2 Reserved Instance. Except as expressly set forth in these Service Terms, we are not involved in any underlying transaction between you and any Buyer. We or our affiliates may also participate in the RI Marketplace as a Seller or a Buyer. We may remove any Marketable EC2 Reserved Instance from the RI Marketplace at any time. Once sold and transferred to a Buyer, a Seller will have no rights to that Marketable EC2 Reserved Instance.
5.6.3.
On Seller’s behalf, we will process all payments for Transactions and collect the applicable Transaction Proceeds. “Transaction” means any sale of a Marketable EC2 Reserved Instance through the RI Marketplace. “Transaction Proceeds” means the gross sales proceeds received by us from any Transaction. You will ensure that all fees and charges payable by Buyers for Marketable EC2 Reserved Instance are billed and collected through us and you will not offer or establish any alternative means of payment. We may impose transaction limits on some or all Buyers and Sellers relating to the value of any Transaction or disbursement, the cumulative value of all Transactions or disbursements during a period of time, or the number of Transactions that we will process over a period of time. We may withhold for investigation, or refuse to process, any Transaction that we suspect is fraudulent, unlawful, or otherwise violates these Service Terms, the Agreement, or the Acceptable Use Policy. For each Transaction, we will not remit Transaction Proceeds to a Seller, and the Marketable EC2 Reserved Instance will not be available to the Buyer, until after we have successfully processed payments for that Transaction from the Buyer.
5.6.4.
You will not receive any funds collected from payments associated with the hourly prices of your Marketable EC2 Reserved Instance. At the end of each business day, we will pay to you all due and payable Transaction Proceeds that we have collected as of the date that is 2 business days prior to that date. We will deduct from each payment any applicable fees and charges due to us related to Marketable EC2 Reserved Instances. We may withhold, deduct, or setoff any amounts payable by you to us or our affiliates against any Transaction Proceeds. Payments will be made only to an ACH-enabled bank account located in the United States that you register with us. If there is an error in the processing of any Transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from future Transaction Proceeds.
5.6.5.
Sellers are responsible for the calculation, validation, and payment of any and all sales, use, excise, import, export, value added, withholding, and other taxes and duties assessed, incurred, or required to be collected or paid (“Taxes”) for any reason in connection with any Transaction and with any Marketable EC2 Reserved Instance. We are not responsible for determining whether any Taxes apply to any Transaction or remitting Taxes to any taxing authority with respect to any Transaction, or for reporting any information (including the payment of Taxes) with respect to any Transaction. Each Seller will indemnify us and our affiliates against any claim or demand for payment of any Taxes imposed in connection with any Transaction, and for any fines, penalties, or similar charges imposed as a result of the Seller’s failure to collect, remit, or report any Taxes in connection with any Transaction.
5.6.6.
For each Seller, we will collect the necessary data and tax forms to enable compliance with applicable tax laws. For example, for U.S.-based Sellers, we will collect and retain Seller name and address, and may collect the tax identification number and other data as needed to comply with Form 1099K reporting requirements; for non-U.S.-based Sellers, we will collect and retain a Form W-8BEN tax form (which includes name, address, and a signature) as proof that you are exempt from Form 1099K reporting. For each Buyer, we will collect and retain the Buyer’s name and address. Buyers and Sellers will not know the name of the other party to the Transaction until the Transaction is completed. Upon completion of the Transaction, we will share the applicable Buyer’s city, state, and zip with the Seller so that the Seller can calculate the appropriate tax (if any) to remit to the appropriate government entity. We will share the Seller’s legal name on the Buyer’s invoice. Buyers and Sellers may not use information about the Transaction or about the other party gained in connection with a Transaction (“Transaction Information”) for any purpose that is not related to the Transaction. For example, you may not, directly or indirectly: (1) disclose any Transaction Information to any third party, except as necessary for you to perform your tax obligations or other obligations under these Service Terms and only if you ensure that every recipient uses the information only for that purpose and complies with these restrictions; (2) use any Transaction Information for any marketing or promotional purposes whatsoever; (3) use any Transaction Information in any way inconsistent with applicable law; (4) contact a party to influence them to make an alternative sale or purchase; or (5) target communications of any kind on the basis of the intended recipient being an RI Marketplace Buyer or Seller.
5.7.
Amazon EC2 enables you to provision Amazon EC2 instances using your Microsoft Software and Microsoft Licenses (the “BYOL Program”). Unless otherwise specified in your agreement(s) with Microsoft, you can participate in the BYOL Program only if you comply with the requirements
here
, and you (a) use Dedicated Instances or Dedicated Hosts; and (b) launch from Virtual Machines (VMs) sourced from software binaries provided by you.
You must be eligible to use the BYOL Program for the applicable Microsoft Software under your agreements with Microsoft. You are solely responsible for obtaining all required licenses and for complying with all applicable Microsoft licensing requirements, including the Product Use Rights/Product Terms. By using the Microsoft Software under the BYOL Program, you agree to Microsoft's End User License Agreement.
You agree that you have determined that your use of the BYOL Program will comply with the applicable Microsoft licensing requirements. Usage of the Services in violation of your agreement(s) with Microsoft is not authorized or permitted.
5.8.
As part of using Amazon EC2, you agree that your Amazon EC2 resources may be terminated or replaced due to failure, retirement or other AWS requirements. THE USE OF AMAZON EC2 DOES NOT GRANT YOU, AND YOU HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY AWS SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.
6. Alexa Web Services
You may use data you receive from the Alexa Services Web Information Service and Alexa Top Sites (collectively “Alexa Web Services”), such as web site traffic data, to enhance your application or website, but may not use it in any application whose primary purpose is to display the same or related data or to compete with www.alexa.com. You may not display data you receive via the Alexa Web Services that has been cached for more than 24 hours. You may not resell or redistribute the Alexa Web Services or data you access via the Alexa Web Services.
7. Amazon SimpleDB Service (Amazon SimpleDB)
If during the previous 6 months you have incurred no fees for Amazon SimpleDB and have registered no usage of Your Content stored in Amazon SimpleDB, we may delete Your Content that is stored in Simple DB upon 30 days prior notice to you.
8. Amazon CloudWatch and Autoscaling
8.1.
Amazon CloudWatch collects and stores certain information for the Services you are monitoring, including CPU utilization, data transfer, and disk usage and activity (collectively, “CloudWatch Metric Data”). CloudWatch Metric Data may be used by AWS to develop and improve the Services.
8.2.
You agree and instruct that when using any Amazon CloudWatch ML Functionality, (a) we may use and store your Amazon CloudWatch ML Content to develop and improve that functionality and its underlying technologies and (b) solely in connection with the development and improvement described in clause (a), we may use your Amazon CloudWatch ML Content in an AWS region outside of the AWS region where you are using Amazon CloudWatch. You may instruct AWS not to use and store your Amazon CloudWatch ML Content as described in the prior sentence by configuring an AI services opt-out policy using AWS Organizations. “Amazon CloudWatch ML Functionality” means any Amazon CloudWatch functionalities identified to you as powered by artificial intelligence or machine learning. “Amazon CloudWatch ML Content” means Your Content that is processed by an Amazon CloudWatch ML Functionality. In addition, the Amazon CloudWatch ML Functionality entitled “query builder” may be used solely for purposes of building a query for your metrics or logs.
8.3. Amazon CloudWatch Network Monitoring
8.3.1.
“Amazon CloudWatch Network Monitoring” includes Internet Monitor, Network Flow Monitor, and Network Synthetic Monitor.
8.3.2.
This Section applies to data provided by monitors in your AWS account and in third party AWS accounts. You may not, and may not allow any third party to, use Amazon CloudWatch Network Monitoring, or any data or information made available through Amazon CloudWatch Network Monitoring, to, directly or indirectly, develop, improve, or offer a similar or competing product or service. You may not resell or redistribute Amazon CloudWatch Network Monitoring or any metrics provided by Amazon CloudWatch Network Monitoring unless you have been authorized as an AWS reseller, you add material value as part of the resale or redistribution, you restrict recipients from further reselling or redistributing to any additional entities, and for each monitor, you do not resell or redistribute metrics provided by the monitor to more than one entity. You may distribute metrics provided by your monitor(s) to third party network observability services solely for your personal use.
9. AWS Snowball and AWS Snowcone
9.1.
“AWS Snow Family” includes: AWS Snowball and AWS Snowcone.
9.2.
As part of AWS Snowball and AWS Snowcone, we will ship you an agreed upon number of “Snowball” or "Snowcone" hardware appliances (each an “Appliance”) and provide you with access to the applicable AWS Snowball Client or AWS Snowcone client software (together with the software contained on the Appliance, and any updates or upgrades to the foregoing, the “Appliance Software”). You agree that you will not allow any Appliance to leave the country to which the Appliance is shipped until you provide it (in the same country) to a carrier for redelivery to us. Upon our request for any reason, you will promptly return any appliance to us. Appliances collect and provide us with metrics regarding the use of Appliances, including boot times, size of transferred files, duration of transfers, and errors or timeouts. These metrics may be associated with your account ID, and we may use these metrics to maintain, provide, develop, and improve the Services.
9.3.
Once AWS Snow Family services are complete, we will delete data from the Appliances.
9.4.
You are responsible for payment of all customs, duties, taxes, and other charges in connection with Appliances being shipped to or from us.
9.5.
You are responsible for any damage to, or loss of, an Appliance after delivery to you until the carrier accepts the Appliance for delivery back to us. In addition to other rights and remedies we may have under the Agreement, we may charge you the applicable lost device fee specified on the AWS Snowball or AWS Snowcone pricing pages if: (a) an Appliance is lost or irreparably damaged between when it is first in your possession and when the carrier accepts the Appliance for delivery back to us; or (b) you do not provide the Appliance to the carrier for return to us at our request.
9.6.
YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA AND YOUR USE OF APPLIANCES , INCLUDING ENCRYPTING SENSITIVE DATA AND NOT ALLOWING UNAUTHORIZED ACCESS TO ANY APPLIANCE.
9.7.
AWS or its affiliates maintain all rights in the Appliances and Appliance Software, and is not selling, renting, leasing, or transferring any ownership, intellectual or other rights in the Appliances or Appliance Software to you. You will not, and will not purport to, assign, grant, or transfer the Appliances or Appliance Software or any interest in the Appliances or Appliance 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), (a) scan, x-ray, open, modify, alter, disassemble, or otherwise attempt to view the inside of or tamper with the Appliance; or (b) circumvent or disable any features or measures in the Appliance or Appliance Software. You acknowledge that the Appliances may be equipped with tamper monitoring.
9.8.
You will return all Appliances to us for assessment and to enable us to determine how they can be reused and which components must be recycled in an environmentally sound manner, regardless of the external condition of the Appliance and even if you believe the Appliance may be damaged or non-functional. You will not, under any circumstance, treat or dispose of an Appliance (or any component thereof, including internal batteries) as waste. Shipments of used Appliances must be conducted in a manner consistent with applicable laws relating to used electronic equipment, including where applicable the Basel Convention Technical Guidelines on Transboundary Movement of Used Electrical and Electronic Equipment.
9.9.
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 Appliances or Appliance 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 Appliances or Appliance 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 Snow Family that you are so permitted.
10. Amazon Relational Database Service (Amazon RDS) and Amazon Aurora
10.1 General Terms
10.1.1.
The Reserved DB Instance program allows you to designate Amazon RDS database instances as subject to the reserved pricing and payment terms set forth on the Amazon RDS detail page on the AWS Site (each designated instance, a “Reserved DB Instance”). We may terminate the Reserved DB Instance program at any time. We may change pricing for the Reserved DB Instance program at any time, but price changes will not apply to previously designated Reserved DB Instances. Reserved DB Instances are noncancellable, and you will owe the amount charged for the Reserved DB Instance for the duration of the term you selected, even if the Agreement is terminated. Reserved DB Instances are nontransferable and all amounts paid in connection with the Reserved DB Instances are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual Reserved DB Instance type, or terminate the Reserved DB Instance program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved DB Instances. Upon expiration or termination of the term of a Reserved DB Instance, the Reserved DB Instance pricing will expire and standard on-demand usage prices will apply to the database instance.
10.1.2.
Trusted Language Extensions for PostgresSQL (Trusted Language Extensions) enables you to use, build, and run extensions developed, owned, or provided by you, third parties, or their licensors using PostgreSQL trusted languages in Amazon RDS. Extension code that you use with Trusted Language Extensions is Your Content under the Agreement. AWS is not responsible for Service failure caused by extensions. You consent to AWS scanning extension code for security and performance purposes.
10.1.3.
Engine End of Life. You are responsible for upgrading your Amazon RDS engine to a supported version when it reaches end of life (EOL). AWS is not responsible for Service failure caused by EOL software. If you operate your database on EOL software, AWS may, after providing you with prior notice of engine EOL as detailed
here
and
here
, take a snapshot of Your Content and delete the instance or cluster running the EOL software. This Section 10.1.3 does not apply to Amazon Aurora DSQL.
10.2. Amazon RDS Custom
10.2.1.
RDS Custom enables you to provision and manage the database engine and operating system running on an Amazon EC2 instance. In conjunction with RDS Custom, you may use certain binaries, software, or similar media (including related support, maintenance, and documentation) developed, owned, or provided by third parties or their licensors. You agree that you have determined that your use of RDS Custom complies, and will continue to comply, with applicable licensing and support requirements. Usage of RDS Custom in violation of your agreement(s) with third parties is not authorized or permitted.
Your failure to maintain your database instance within the support perimeter (as specified in the documentation) may result in Service failure for which AWS is not responsible. Your customization, copies, and use of any additional software with RDS Custom is your responsibility and may result in your RDS Custom instance falling outside the support perimeter and causing Service failure for which AWS is not responsible.
10.2.2.
Your use of certain database engines or operating systems (OS) software (including related documentation) made available to you for use with RDS Custom is subject to the applicable third party licensing requirements specified below:
Use of a Linux OS version, such as those from Red Hat, Inc., SUSE LLC, and NVIDIA Corporation, on RDS Custom is subject to Section 5.2. above.
Use of “License Included” Microsoft Software on RDS Custom is subject to Sections 5.1. above and 10.5. below.
10.3. Amazon RDS for Oracle
10.3.1.
“License Included”. As part of the Services, you may be allowed to use certain software (including related documentation) described on the AWS Site developed and owned by Oracle America, Inc. or its affiliates (“Oracle”) and Oracle’s licensors (collectively, the “Oracle Software”). If you choose to use the Oracle Software and do not already have a license from Oracle for that Oracle Software, Oracle and its licensors require that you agree to these additional terms and conditions:
Oracle or its licensors retains all ownership and intellectual property rights in the Oracle Software, and title to the Oracle Software does not transfer to you or any third party by virtue of this Agreement.
The Oracle Software is subject to a restricted license and may only be used in connection with the Services, and only by the individual or legal entity that entered into the Agreement.
You may only use the Oracle Software for your internal business operations and in accordance with the Agreement. You may permit agents or contractors (including outsourcers) to use the Oracle Software on your behalf for the purposes set forth in, and subject to, the Agreement, provided you are responsible for the agent’s, contractor’s and outsourcer’s compliance with the Agreement in connection with such use.
You may not:
assign, grant, or transfer the Oracle Software or any interest in the Oracle Software to another individual or entity, and if you purport to grant a security interest in the Oracle Software, the secured party will have no right to use or transfer the Oracle Software;
use the Oracle Software for rental, timesharing, subscription services, hosting, or outsourcing;
remove or modify any notice of Oracle’s or its licensors’ proprietary rights;
make the Oracle Software available in any manner to any third party for use in the third party’s business operations;
duplicate, reverse engineer (unless required by law for interoperability), disassemble or decompile the Oracle Software (including by reviewing data structures or similar materials produced by the Oracle Software); or
publish any results of benchmark tests run on the Oracle Software.
Third party technology that may be appropriate or necessary for use with some Oracle Software is specified in the related documentation, and that third party technology is licensed to you only for use with the Services and under the terms of the third party license agreement specified in the documentation, not this Agreement.
To the extent permitted by applicable law, Oracle disclaims any liability for any damages, whether direct, indirect, incidental, special, punitive or consequential, and any loss of profits, revenue, data or data use, arising from your use of the Oracle Software.
Notwithstanding anything to the contrary elsewhere in the Agreement, Oracle is an intended third party beneficiary of the Agreement, but solely with respect to this Section 10.3.1 of these Service Terms.
The Uniform Computer Information Transactions Act does not apply to your use of the Oracle Software.
Upon any termination of the Agreement, you must discontinue use of the Oracle Software and any related documentation.
10.3.2.
“Bring-Your-Own-License” (BYOL). Under the BYOL option, Amazon RDS enables you to provision Oracle Software to Amazon EC2 instances and use the management capabilities of Amazon RDS for the Oracle Software. You can use the Oracle Software with Amazon RDS if you meet the following conditions:
You must have a valid license with “Software Update License & Support” for the Oracle Software you wish to run. The terms of your existing license and support agreement(s) with Oracle continue to apply to your use of the Oracle Software; and
You must follow Oracle’s current policies for licensing Oracle Database software in the cloud computing environment. The database instances using the Oracle Software with Amazon RDS reside in the Amazon EC2 environment.
10.4.
Oracle AI Database@AWS
10.4.1.
In connection with Oracle AI Database@AWS,
AWS may share Account Information, logs or other usage information with Oracle to enable Oracle to provide technical and sales support.
10.5. Amazon RDS for SQL Server
10.5.1.
“License Included.” Use of Microsoft Software on Amazon RDS is subject to Section 5.1 above and these additional terms and conditions:
SQL Server Web Edition may be used only to support public and Internet accessible Web pages, Web sites, Web applications, or Web services. It may not be used to support line of business applications (e.g., Customer Relationship Management, Enterprise Resource Management, and other similar applications).
Microsoft is an intended third-party beneficiary of this Section 10.5, with the right to enforce its provisions.
10.5.2.
“Bring Your Own Media” (BYOM). You must provide the installation files for Amazon RDS to install on your behalf. Amazon RDS will automatically download and install cumulative updates on your behalf.
To use BYOM for Microsoft Software, you must have a valid license for the Microsoft Software you wish to run, and Software Assurance and License Mobility rights that permit deployment on AWS. Prior to using BYOM with Microsoft Software, you must submit a License Mobility Verification Form to Microsoft, available
here
.
The terms of your existing license and support agreement(s) with Microsoft apply to your use of the Microsoft Software. You must follow all applicable Microsoft policies for licensing Microsoft Software in a cloud computing environment.
If you direct Amazon RDS to install SQL Server in more than one region, you consent to Amazon RDS moving your installation files between those regions for that purpose.
10.6. Amazon RDS for Db2
10.6.1.
“Bring-Your-Own-License” (BYOL). Under the BYOL option, Amazon RDS enables you to provision IBM Db2 software on Amazon RDS instances using your existing IBM Db2 software license and support entitlements obtained from IBM or an authorized IBM reseller to IBM Db2 Standard Edition or IBM Db2 Advanced Edition (“IBM Db2 Software”). You can use your existing IBM Db2 Software license under the BYOL option with Amazon RDS if you meet and agree to the following terms and conditions:
You must have a valid license with current and ongoing “Subscription & Support” authorization from IBM or its authorized reseller for the IBM Db2 Software you wish to run. The terms and conditions of your existing license and support agreement(s) with IBM, and your compliance therewith, continue to apply to your use of IBM Db2 Software with Amazon RDS;
You must comply with IBM’s current Eligible Public Cloud Bring-Your-Own-Software-License (BYOSL) Policy including the terms associated with the IBM Db2 Software on Amazon RDS found
here
; and
Your use of IBM Db2 Software with Amazon RDS is subject to suspension or termination if you do not comply with the terms and conditions above.
10.6.2.
Subject to the AWS Privacy Notice (available at
https://aws.amazon.com/privacy/
), AWS may send information to IBM related to your IBM Db2 Software licenses such as identification numbers issued to you by IBM and the version of the IBM Db2 Software that you are using.
10.6.3.
When you purchase licenses for IBM Db2 Software through the AWS Marketplace integration in the RDS console, Section 20 (AWS Marketplace) of the Service Terms apply.
11. Amazon Simple Notification Service (Amazon SNS)
11.1.
Portions of Amazon SNS in Japan are sold and provided by AMCS LLC, an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
11.2
Portions of Amazon SNS in Singapore are sold and provided by AMCS SG PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
11.3.
Fees for Amazon SNS will apply regardless of whether delivery of your notifications is prevented, delayed, or blocked due to reasons outside of our control.
11.4.
You are responsible for complying with legal requirements related to unsolicited or unwanted communications, including without limitation, the Telephone Consumer Protection Act (TCPA), the FTC’s Telemarketing Sales Rule, and the EU e-Privacy Directive, or any other similar telemarketing law.
11.5.
Amazon SNS utilizes the underlying functionality of AWS End User Messaging to send SMS messages and push notifications, and your use of Amazon SNS is also subject to the terms that govern AWS End User Messaging.
11.6.
Through your use of Amazon SNS you will not:
Transmit any material that contains viruses, Trojan horses, worms, or any other malicious or harmful programs.
Offer or purport to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points, such as 911 or E911 services.
If the applicable AWS Contracting Party is AWS India, “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points, such as 100, 112 services.
Materially violate or facilitate the material violation of any local or foreign law, rule, regulation, or order, including laws regarding the transmission of data or software.
Transmit material that is sexually explicit, relates to “adult services”, or contains sensitive financial or identifying information (such as social security numbers)
Resell, sublicense, or timeshare the Services, or use them on behalf of anonymous or other third parties.
Use the Services in hazardous environments (such as operation of nuclear facilities, aircraft navigation, or any other use that may result in foreseeable risk of injury, death, or destruction of property).
12. AWS Identity and Access Management (IAM)
12.1.
We may change user credentials created by you using IAM if we determine in our reasonable discretion that a change is necessary for the protection of your AWS account and resources, and we will promptly notify you of any such change.
12.2.
We may change, discontinue, or deprecate support for any third-party identity provider at any time without prior notice.
13. Amazon Route 53
13.1.
You may not create a hosted zone for a domain that you do not own or have authority over.
13.2.
All Domain Name System (DNS) records (other than Private DNS records) used in connection with Amazon Route 53 will be publicly available, and AWS will have no liability for disclosure of those DNS records.
13.3.
Domain name registration services are provided under the
Amazon Route 53 Domain Name Registration Agreement
.
14. AWS Elastic Beanstalk
14.1.
AWS may reject or modify any URL used in connection with an AWS Elastic Beanstalk environment that violates the intellectual property rights any third-party or violates the Acceptable Use Policy.
14.2.
If you stop running your AWS Elastic Beanstalk environment at any time, the [myapp] portion of the URL used in connection with the environment will no longer be available to you and may be used by another AWS customer.
15. Amazon Simple Email Service (SES)
15.1.
Portions of Amazon SES in Singapore are sold and provided by AMCS SG PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
15.2.
Portions of Amazon SES in Japan are sold and provided by AMCS LLC (“AMCS”), an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
15.3.
Like many email service providers, to increase the security and reliability of email you send, attempt to send, or receive using SES (“SES Email”), we (or our third-party providers) may store and scan your SES Email and Your Content included in SES Email to protect you and SES by preventing and blocking “spam” and unsolicited e-mails, “phishing” or simulated “phishing” emails, viruses and spyware, and other harmful or unwanted items from being sent and received over SES.
15.4.
We may suspend or terminate your access to SES, or block or decline to send or receive any SES Email, if we determine that your use of SES fails to comply with the AWS Acceptable Use Policy and these Terms, for example if:
our scan of SES Email or Your Content included in SES Email reveals abusive or low quality email (such as “spam” or other harmful or unwanted items),
SES Email bounces back to us or we receive abuse complaints (including complaints from third parties) in connection with your SES Email, or
the source or ReturnPath email address you have provided us for “address bounces” or complaints is not successfully receiving email.
15.5.
If your SES Emails are blocked, delayed, or prevented from delivery by reasons outside of our control, your payment obligations continue.
15.6.
AWS is not the “sender” as defined in the CAN-SPAM Act or similar applicable law.
16. AWS Direct Connect
16.1.
You are responsible for protecting your AWS Direct Connect connections, including using physical security, firewalls, and other network security tools as appropriate.
16.2.
AWS will permit data center operators or other service providers to connect your hardware to AWS’s hardware at the AWS Direct Connect location(s) that you select. AWS will provide the necessary information to enable the data center operator or other service provider to establish and monitor this connection, including your name, email address, network configuration, activity information, and AWS account number.
16.3.
You are responsible for your separate relationship with the data center operator or other service provider, including compliance with your agreement with, and the policies and procedures of, the data center operator or other service provider, and payment of applicable fees to the data center operator or other service provider. You are responsible for providing or procuring (and AWS will not own or be responsible for) any equipment or cabling necessary to establish this dedicated connection.
16.4.
If the connection you establish as part of AWS Direct Connect is temporarily unavailable or terminated, AWS will route traffic bound for your AWS resources over the public Internet and AWS’s standard data transfer charges will apply. However, if you are using Amazon Virtual Private Cloud (VPC), traffic bound for your Amazon VPC resources will be routed through an IPsec VPN connection. If an IPsec VPN connection is unavailable, traffic bound for your Amazon VPC resources will not be delivered.
17. Amazon ElastiCache
17.1.
You may not access or tamper with any software we install on the cache nodes as part of Amazon ElastiCache.
17.2.
The Reserved Cache Node program allows you to purchase reserved Amazon ElastiCache cache nodes subject to the reserved pricing and payment terms set forth on the Amazon ElastiCache detail page on the AWS Site (each designated instance, a “Reserved Cache Node”). We may terminate the Reserved Cache Node program at any time. We may change the pricing for Reserved Cache Nodes at any time, but price changes will not apply to previously designated Reserved Cache Nodes. Reserved Cache Nodes are noncancellable, and you will owe the amount charged for the Reserved Cache Nodes for the duration of the term you selected, even if the Agreement is terminated. Reserved Cache Nodes are nontransferable, and all amounts paid in connection with Reserved Cache Nodes are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual Reserved Cache Node type, or terminate the Reserved Cache Node program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved Cache Nodes. Upon expiration or termination of the term of a Reserved Cache Node, standard on-demand usage prices will apply to the cache nodes you use.
18. AWS GovCloud (US) Service Terms
18.1.
Use of the Services in the AWS GovCloud (US) Regions is subject to the AWS GovCloud (US) Terms and Conditions available via AWS Artifact in the AWS GovCloud (US) management console.
18.2.
You are responsible for satisfying any applicable eligibility requirements for using the AWS GovCloud (US) Regions, including providing accurate and current registration information. We may make, directly or through third parties, any inquiries we consider necessary to validate information that you provide to us, including checking commercial and governmental databases. While we may take steps to verify the identity of our Customers, we cannot and do not guarantee any Customer's identity.
18.3.
AWS makes no representation or warranty related to the US Persons status of any Customer or End User that may be granted access to the AWS GovCloud (US) Regions.
18.4.
You are responsible for verifying the adequacy of the AWS GovCloud (US) Regions for the processing and storage of Your Content and that your use of AWS Services will comply with the laws and regulations that may govern Your Content.
19. Amazon DynamoDB
The Amazon DynamoDB Reserved Capacity program allows you to purchase reserved throughput capacity (reads and writes) subject to the pricing and payment terms set forth on the Amazon DynamoDB detail page on the AWS Site (“Amazon DynamoDB Reserved Capacity”). We may terminate the Amazon DynamoDB Reserved Capacity program at any time. We may change the pricing for Amazon DynamoDB Reserved Capacity at any time, but price changes will not apply to previously purchased Amazon DynamoDB Reserved Capacity. Amazon DynamoDB Reserved Capacity is noncancellable, and you will owe the amount charged for the Amazon DynamoDB Reserved Capacity for the duration of the term you selected, even if the Agreement is terminated. Amazon DynamoDB Reserved Capacity is nontransferable and all amounts paid in connection with the Amazon DynamoDB Reserved Capacity are nonrefundable, except that if we terminate the Agreement (other than for cause) or the Amazon DynamoDB Reserved Capacity program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously purchased Amazon DynamoDB Reserved Capacity. Upon expiration or termination of the term of any Amazon DynamoDB Reserved Capacity, standard on-demand usage prices will apply to your use of Amazon DynamoDB.
20. AWS Marketplace
20.1.
Buyer Terms. If you purchase or obtain access to any Content or services through AWS Marketplace, the following AWS Marketplace Buyer Terms apply to you:
20.1.1.
Except to the extent Content made available through AWS Marketplace is provided to you under a separate license that expressly states otherwise, neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any Content, (b) reverse engineer, disassemble, or decompile the Content or apply any other process or procedure to derive the source code of any software included in the Content, (c) resell or sublicense the Content, (d) transfer Content outside the Services without specific authorization to do so, or (e) tamper with or circumvent any controls or make unauthorized copies of the Content.
20.1.2.
AWS may stop providing AWS Marketplace (or any features of or listings within AWS Marketplace), without prior notice to you. In addition, AWS may disable or remove Content you have purchased on AWS Marketplace, if AWS reasonably determines that the Content may violate any Policies or any other regulations, policies, or laws.
20.1.3.
To the extent authorized by the respective third party provider on AWS Marketplace, AWS may disable access to or remove any Third Party Content you purchased or subscribed to on AWS Marketplace in the event of overdue and uncollected payments, upon AWS providing you with at least 30 days’ advance written notice.
20.1.4.
Professional services offered on AWS Marketplace by third parties are subject to separate terms and conditions specified by the respective third party. AWS has no control over and makes no guarantees about such services.
20.1.5.
If you are a buyer on AWS Marketplace, you are responsible for collecting tax documentation, withholding as required, and filing all tax forms with your applicable tax authorities for your AWS Marketplace transactions. If you are a buyer making a payment of U.S. source services or royalty income to a non-U.S. third party provider, all such collection, withholding, and filing obligations are yours as we do not act as a Withholding Agent as defined by U.S. Treas. Reg. 1.1441-7(a). In certain countries, AWS will collect fees and taxes on behalf of the seller and remit the taxes and subscription payment to the seller.
20.1.6.
For purposes of facilitating your purchases from third parties on AWS Marketplace, the applicable AWS Contracting Party under the Agreement is set out in the table below. Notwithstanding the foregoing, Amazon Web Services, Inc. continues to be the invoicing party for third party products that are resold by Amazon Web Services, Inc. on AWS Marketplace.
Account Country
AWS Contracting Party
Facsimile
Mailing Address
Australia
(w.e.f. 1 October 2022)
Amazon Web Services Australia Pty Ltd (ABN: 63 605 345 891)
N/A
Level 37, 2-26 Park Street, Sydney, NSW, 2000, Australia
Japan
(w.e.f. 1 October 2022)
Amazon Web Services Japan G.K.
N/A
1-3-1 Azabudai, Minato-ku, Tokyo 106-0041, Japan
South Korea
(w.e.f. 1 April 2025)
Amazon Web Services Korea LLC
N/A
L12, East tower, 231, Teheran-ro, Gangnam-gu, Seoul, 06142, Republic of Korea
The countries within Europe, the Middle East, and Africa (except South Africa and Turkey) listed at
1
:
https://aws.amazon.com/legal/aws-emea-countries/
(w.e.f. 1 January 2022)
Amazon Web Services EMEA SARL
352 2789 0057
38 Avenue John F. Kennedy, L-1855, Luxembourg
India (for transactions between buyers and third party providers incorporated in India)
(w.e.f. 1 October 2025)
Amazon Web Services India Private Limited
011-47985609
Unit Nos. 1401 to 1421 International Trade Tower, Nehru Place, Delhi 110019, India
Any other country that is not listed in this table above
Amazon Web Services, Inc.
206-266-7010
410 Terry Avenue North,
Seattle, WA 98109-5210
U.S.A.
1
This applies only if your purchase on AWS Marketplace is from a third party that has been onboarded to Amazon Web Services EMEA SARL. Otherwise, Amazon Web Services, Inc. is the applicable AWS Contracting Party.
20.1.7.
The contract term of your purchase or subscription commences on the date specified in the end user license agreement, order form, or other contract between you and the applicable third party provider. If no contract term is specified, then the contract term commences on the date specified in your AWS Marketplace invoice.
20.1.8.
AWS is not liable for inaccuracies or incomplete information in invoices resulting from your errors, or your noncompliance with applicable law. Any disputes with a third party provider must be resolved directly with the third party provider, and you will hold AWS harmless from all related claims.
20.1.9.
The following applies if you are an AWS customer located in India:
The purchase fees and charges payable by you will be exclusive of all applicable Taxes, and will be made free and clear of any deduction or withholding, as may be required by law. For clarity, if any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amount, as necessary, to ensure that the net amount received by AWS or its affiliates is equal to the amount then due and payable by you for your purchases on the AWS Marketplace. AWS or its affiliates will provide you with such tax forms, as are reasonably requested, in order to reduce or eliminate the amount of any withholding or deduction for taxes, in respect of the payments made by you for purchases on the AWS Marketplace. AWS or its affiliates may charge, and you will pay, all applicable Taxes that it or we are legally obligated or authorized to collect from you. AWS or its affiliates will not collect, and you will not pay, any Taxes for which you furnish us a properly completed exemption certificate, or a direct payment permit certificate, for which AWS or its affiliates may claim an available exemption from such Taxes.
For clarity, you must not deduct or withhold taxes on payments to AWS if (a) your AWS Contracting Party is Amazon Web Services India Private Limited, and (b) you purchase Content from a third party provider incorporated in India.

21.2.
You will not, and will not allow any third-party or End User to, use Licensing Accelerator or AWS Ground Station to, directly or indirectly, develop or improve a similar or competing product or service.
21.3.
You are solely responsible for applying appropriate security measures to your space assets and the data transmitted to and from your space assets, including using encryption, firewalls, and other network security tools as appropriate, and not allowing unauthorized access to your data.
21.4.
You represent and warrant that you own all right, title, and interest in, or have all necessary authority to permit use of, the Ephemeris API and any space assets associated with your AWS account, and you agree to provide to AWS, upon request, documentation demonstrating such ownership or authority.
21.5.
We reserve the right to refuse or cancel your contacts to comply with applicable laws or regulatory requirements.
21.6.
AWS is not a party to any agreement you have or may enter into with any other individual or entity accessing or using the Services, any of your Content, or any space assets associated with your account. You are solely responsible for your separate relationship with any such individual or entity, including without limitation screening such individual or entity and complying with all applicable data protection, import, re-import, export, and re-export control laws and country-specific sanctions programs.
21.7.
If your AWS Contracting Party is AWS Serviços Brasil Ltda., AWS Ground Station continues to be sold and provided to you by Amazon Web Services, Inc. (or other entity identified
as applicable); but AWS Serviços Brasil Ltda. remains your AWS Contracting Party under the Agreement.
21.8.
If you are part of the AWS Ground Station Software Partner Program Pathway, you own the AWS account and will not allow any third-party, including the End User, to have access to your AWS account or AWS management console. You represent and warrant that you have obtained a Foundational Technical Review (FTR) for your Ground Station Offering. You are solely responsible for ensuring that End Users are appropriately licensed to use AWS Ground Station by providing the End Users’ licensing and any other technical information reasonably necessary to AWS to enable its use of AWS Ground Station. You will facilitate communications between AWS and your customers as requested by AWS in order to address any licensing considerations.
21.9.
If you are part of the Amazon Dedicated Antenna Program, AWS may make equipment available to you to support your use of AWS Ground Station (the “Ground Station Equipment”). AWS or its affiliates maintain all rights in and control of the Ground Station Equipment and is not selling, renting, leasing, or transferring any ownership, control, intellectual or other rights in the Ground Station Equipment to you. You will not, and will not purport to, assign, grant, or transfer the Ground Station Equipment or any interest in the Ground Station Equipment to any individual or entity, and any such purported assignment, grant or transfer is void.
22. Amazon Bio Discovery
22.1.
"Amazon Bio Discovery Content" means Your Content that is processed by Amazon Bio Discovery.
22.2.
You agree and instruct that: (a) we may use and store Amazon Bio Discovery Content for troubleshooting, quality assurance, and testing of Amazon Bio Discovery and its underlying technologies; and (b) solely in connection with the troubleshooting, quality assurance, and testing described in clause (a), we may store such Amazon Bio Discovery Content in an AWS region outside of the AWS region where you are using Amazon Bio Discovery. Using Amazon Bio Discovery Content for troubleshooting, quality assurance, and testing does not include training models on Amazon Bio Discovery Content. You may instruct AWS not to use and store Amazon Bio Discovery Content for the purposes outlined in this Section 22.2 by using the opt-out mechanism indicated in the applicable service documentation.
22.3.
“Redacted Amazon Bio Discovery Content" means your Amazon Bio Discovery Content with your protein targets, structural identifiers, amnio acid sequences, experimental scores and results, and wet lab order results redacted in accordance with the redaction processes described in the applicable service documentation. You agree and instruct that: (a) we may use and store Redacted Amazon Bio Discovery Content to develop and improve Amazon Bio Discovery and its underlying technologies and to develop and improve AWS and affiliate machine-learning and artificial-intelligence technologies; and (b) solely in connection with the development and improvement described in clause (a), we may store your Redacted Amazon Bio Discovery Content in AWS regions outside the AWS regions where you are using Amazon Bio Discovery. You may instruct AWS not to use and store Redacted Amazon Bio Discovery Content for the purposes outlined in this Section 22.3 by using the opt-out mechanism indicated in the applicable service documentation.
22.4.
The output that you generate using Amazon Bio Discovery is Your Content. Due to the nature of machine learning, output may not be unique across customers and the Services may generate the same or similar results across customers.
22.5.
Except where permitted by Amazon Bio Discovery, you may not use Amazon Bio Discovery to generate Content for the express purpose of training an AI model or service or developing a substantially similar AI model or service.
22.6.
Neither you nor your End Users will, or will attempt to, extract or derive underlying components, including any model, model parameters, or model weights or reproduce the training data of Amazon Bio Discovery.
22.7.
Amazon Bio Discovery may allow you to customize models with data you provide (for example, by fine-tuning). You will have exclusive use of your customized model.
22.8.
Third-party models are available to you on Amazon Bio Discovery as “Third-Party Content”. By using a third-party model, you agree to the applicable terms provided to you.
22.9.
By using the Amazon Bio Discovery wet lab feature, you agree and instruct us to send Your Content to the selected wet lab vendor and their subcontractors. The wet lab feature is provided subject to the wet lab vendor’s capacity, availability, and acceptance of an order.
22.10.
Amazon Bio Discovery is not intended for use by itself in regulatory submissions. You are responsible for making your own assessment of whether your use of Amazon Bio Discovery meets applicable legal and regulatory requirements.
22.11.
You may access some parts of Amazon Bio Discovery without providing a payment method. Until you provide a payment method, your AWS Contracting Party is Amazon Web Services, Inc. Once AWS prompts you for a payment method, continued access to Amazon Bio Discovery may require you to provide and maintain a valid form of payment.
23. AWS OpsWorks
23.1.
Your use of the AWS OpsWorks agent is governed by the
AWS OpsWorks Client License Agreement.
Your use of AWS OpsWorks for Chef Automate is subject to
Chef Software Inc.’s end user license agreement
. Your use of AWS OpsWorks for Puppet Enterprise is subject to Puppet, Inc.’s
Puppet Enterprise License Agreement
.
23.2.
Your use of AWS OpsWorks for Chef Automate and AWS-ApplyChefRecipes, which leverage the Chef Infra Client software, are subject to Progress Software Corporation’s
Online Master License and Services Agreement for Chef
(the “Progress EULA”) except that sections 1.9.2. (Product Compliance with Documentation) and 1.10.1. (Our Indemnification Obligation) of the Progress EULA do not apply and the Product, Documentation, and Technology (all as defined in the Progress EULA) are provided “as is,” with all faults, and Progress Software Corporation disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, noninfringement, availability, error-free or uninterrupted operation, and any warranties arising from course of dealing, course of performance, or usage of trade. To the extent that Progress Software Corporation may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under applicable law.
24. AWS Supply Chain
24.1.
You agree and instruct that we may use Your Content that is processed by AWS Supply Chain to generate forecasts, insights, or recommendations to you.
24.2.
You and your End Users are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of AWS Supply Chain. AWS Supply Chain uses machine learning models that generate predictions based on patterns in data. Output generated by a machine learning model is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output.
24.3.
You agree and instruct that for AWS Supply Chain: (a) we may use and store Your Content that is processed by the AWS Supply Chain service to develop and improve the service and its underlying technologies; (b) we may use and store Your Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial-intelligence technologies; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store Your Content in an AWS region outside of the AWS region where you are using AWS Supply Chain. You may instruct AWS not to use and store Your Content processed by AWS Supply Chain to develop and improve the AWS Supply Chain service or technologies of AWS or its affiliates by following the instructions set forth in the “Opt-out policy” section of
AWS Supply Chain administrative guide
.
24.4.
You are responsible for providing legally adequate privacy notices to End Users of AWS Supply Chain and obtaining any necessary consent from such End Users for the processing of Content and the storage, use, and transfer of Content as described under this Section 24.
24.5.
If you have been onboarded to the AWS Supply Chain N-Tier Visibility Service by your customer (Your Customer), the following applies to Your Content that is within the N-Tier Visibility Service:
24.5.1.
Your Content will be stored in the same AWS region where Your Customer’s Content is stored.
24.5.2.
If Your Customer terminates its use of the AWS Supply Chain N-Tier Visibility Service, you will be notified of that termination and you will have 30 days following that termination to retrieve Your Content from the Service if you choose to do so, after which time Your Content will be removed.
24.6. Amazon Q in AWS Supply Chain.
Section 50 below applies to Amazon Q in AWS Supply Chain.
25. AWS RTB Fabric
25.1.
You may only use AWS RTB Fabric to facilitate real-time bidding communications (“RTB Communications”). If you use AWS RTB Fabric to do anything other than RTB Communications, we may limit, suspend, or terminate your access to AWS RTB Fabric or your account.
25.2.
We may remove any AWS RTB Fabric gateway that is not actively linked to another AWS RTB Fabric gateway for 60 consecutive days.
26. Amazon WorkSpaces
26.1.
Any Content that you or any End User run on, cause to interface with, or upload to your WorkSpaces is Your Content. You are responsible for maintaining licenses and adhering to the license terms of any of Your Content on your WorkSpaces.
26.2.
Use of Microsoft Software on Amazon WorkSpaces is subject to Section 5.1 above. Microsoft is an intended third-party beneficiary of this Section 26.2, with the right to enforce its provisions.
26.3.
Amazon WorkSpaces is designed to serve as a cloud desktop service. WorkSpaces may not be used to accept inbound network connections, as server instances, or to serve web traffic or your network traffic, and you may not reconfigure the inbound network connections of your WorkSpaces.
26.4.
You and End Users may only use the WorkSpaces client software on computer equipment owned or controlled by you or your End Users. Your use of the WorkSpaces client software is governed by the
Amazon WorkSpaces Application License Agreement
.
26.5.
To perform configurations, health checks, and diagnostics on Amazon WorkSpaces, we may collect and use performance and log information tied to the operation and management of the Service.
26.6.
Software installed by us on your WorkSpaces may connect to a license activation server hosted by AWS. You may not attempt to prevent any license activation function.
26.7.
As part of regular operation of Amazon WorkSpaces, WorkSpaces may be updated with operating system and software upgrades, patches, and bug fixes. During these updates, only software, documents, and settings that are part of the operating system image used for the WorkSpace or part of a user’s profile (D: drive in the WorkSpace) will persist.
26.8.
Microsoft BYOL Licensing. Under this option, Amazon WorkSpaces enables you to provision WorkSpaces using your Microsoft Software and Microsoft Licenses (the “WorkSpaces BYOL Program”). You must be eligible to use the WorkSpaces BYOL Program for the applicable Microsoft software under your agreement(s) with Microsoft. You are solely responsible for obtaining all required licenses and for complying with all applicable Microsoft licensing requirements, including the Product Use Rights/Product Terms. Further, your use of Microsoft Software under the WorkSpaces BYOL Program is subject to the applicable Microsoft licensing requirements, including Microsoft's End User License Agreement (Microsoft EULA). You agree that you have determined that your use of the WorkSpaces BYOL Program will comply with the applicable Microsoft licensing requirements. Usage of the Services in violation of your agreement(s) with Microsoft is not authorized or permitted.
26.9
. NVIDIA Software. If your application uses the NVIDIA graphics processing unit (GPU) on an Amazon WorkSpaces Applications instance, your use is subject to the terms and conditions of the
NVIDIA Cloud End User License Agreement
.
26.10.
If you use the Amazon WorkSpaces Applications User Pool feature to enable End Users to access applications, you agree that we may store and process these End Users’ email addresses in AWS Regions outside the AWS Regions where you are using Amazon WorkSpaces Applications. We will only use these email addresses to send the End Users email notifications to enable them to Amazon WorkSpaces Applications.
26.11.
Amazon WorkSpaces AI Features.
“Amazon WorkSpaces AI Features” means any Amazon WorkSpaces features powered by artificial intelligence or machine learning. “Amazon WorkSpaces AI Content” means your content that is processed by an Amazon WorkSpaces AI Feature. The following terms apply to your use of Amazon WorkSpaces AI Features:
You agree and instruct that: (i) we may use and store Amazon WorkSpaces AI Content to develop and improve Amazon WorkSpaces and its underlying technologies; (ii) we may use and store Amazon WorkSpaces AI Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies; and (iii) solely in connection with the development and improvement described in clauses (i) and (ii), we may store your Amazon WorkSpaces AI Content in AWS regions outside the AWS regions where you are using Amazon WorkSpaces AI Features. You may instruct AWS not to use and store Amazon WorkSpaces AI Content processed by Amazon WorkSpaces AI Features to develop and improve the Service or technologies of AWS or its affiliates by configuring an AI services opt-out policy using AWS Organizations.
27. Amazon Cognito
27.1.
We may change, discontinue, or deprecate support for any third-party identity provider at any time without prior notice.
27.2.
In the event a particular Cognito User Pool has no active users within a 12 month period, we may delete the Cognito User Pool upon 30 days’ prior notice to you.
28. AWS Security Hub (launched on December 2, 2025)
28.1.
"Security Hub Content" is Your Content that AWS Security Hub processes.
28.2.
You agree and instruct that after you have enabled the new AWS Security Hub: (a) we may use and store your Security Hub Content to develop and improve AWS Security Hub and its underlying technologies; (b) we may use and store Security Hub Content that is not personal data to develop and improve other AWS security services; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store such Security Hub Content in an AWS region outside the AWS region where you are using AWS Security Hub. You may instruct AWS not to use and store Security Hub Content to develop and improve AWS Security Hub or other AWS security services by configuring an AI services opt-out policy using AWS Organizations.
28.3. AWS Security Hub Extended
28.3.1.
The AWS Security Hub Extended plan enables you to access and use security solutions and content made available by third-party providers ("Security Offerings") within Security Hub.
Security Offerings are (a) Third Party Content, and (b) provided to you under a separate agreement between you and the applicable Security Offering provider.
28.3.2.
AWS may change, discontinue, or deprecate support for a Security Offering (within the AWS Security Hub Extended plan) at any time. Where practicable under the circumstances, AWS will provide you with prior notice of any discontinuation or deprecation of support for a Security Offering. Upon discontinuation or deprecation of support for a Security Offering, your access to that Security Offering through the Security Hub Extended plan will be discontinued.
29. Amazon Pinpoint and AWS End User Messaging (formerly, the SMS, MMS, voice message, and push notification features of Amazon Pinpoint)
29.1.
Portions of Amazon Pinpoint and AWS End User Messaging in Japan are sold and provided by AMCS LLC (“AMCS”), an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
29.2.
Portions of Amazon Pinpoint and AWS End User Messaging in Singapore are sold and provided by AMCS SG PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
29.3.
Amazon Pinpoint and AWS End User Messaging utilize underlying functionality from Amazon Simple Email Service (SES), and your use of Amazon Pinpoint and AWS End User Messaging is subject to the terms that govern Amazon Simple Email Service (SES).
29.4
. You acknowledge that Amazon Pinpoint and AWS End User Messaging:
a. Are not Integrated Public Alert and Warning System (IPAWS) eligible systems.
b. Are not intended for use in, or in association with, the operation of any hazardous environments or critical systems. You are solely responsible for liability that may arise in association with such use.
c. Do not support or carry emergency calling or messaging to any emergency services personnel or public safety answering points (“Emergency Services”), such as calls or texts to 911, and may not determine the physical location of your devices or your End Users, which may be required when contacting Emergency Services. You understand and agree that it is your responsibility to: (i) contact and access Emergency Services independently of Amazon Pinpoint and/or AWS End User Messaging; and (ii) inform all End Users of these limitations.
d. Are not replacements for traditional telephone or mobile phone services, including but not limited to calling, texting, or contacting Emergency Services, and do not function as such.
29.5.
Through your use of AWS End User Messaging you will not:
Offer or purport to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points, such as 911 or E911 services.
If the applicable AWS Contracting Party is AWS India, “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points, such as 100, 112 services.
Transmit material that is sexually explicit, relates to “adult services”, or contains sensitive financial or identifying information (such as social security numbers).
Resell, sublicense, or timeshare the Services, or use them on behalf of anonymous or other third parties
29.6.
From time to time, telecommunication providers may change or modify their rules, requirements, and policies (collectively “Carrier Policies”). We will make reasonable efforts to notify you of changes to Carrier Policies through, for example, email, Personal Health Dashboard notifications, or technical documentation. You are responsible for complying with all Carrier Policies that apply to your use of the Service. AWS may pass through fees imposed by carriers for violations of Carrier Policies.
29.7.
Fees for Amazon Pinpoint and AWS End User Messaging will apply regardless of whether delivery of your messages is prevented, delayed, or blocked due to reasons outside of our control.
29.8.
You are responsible for complying with legal requirements related to unsolicited or unwanted communications, including without limitation, the Telephone Consumer Protection Act (TCPA), the FTC’s Telemarketing Sales Rule, and the EU e-Privacy Directive, or any other similar telemarketing law.
29.9.
We may change, discontinue, or deprecate support for a third party push notification platform at any time. We will provide you with prior notice of any deprecation or discontinuation of support for a third party push notification platform where practicable under the circumstances.
29.10.
If the applicable AWS Contracting Party is AWS India, you must obtain our prior written consent before using AWS End User Messaging to send SMS messages for:
financial transactions or payment services (e.g., mobile banking, bill presentment, bill payment, money transfer, peer-to-peer payment or lending credit, debit or stored value payment services);
sweepstakes or contests; or
advertisements or promotions for commercial products, goods, or services.
29.11.
To enable WhatsApp messaging integration with AWS End User Messaging, you must create a WhatsApp Business Account (“WABA”) and are responsible for reviewing and accepting any applicable Meta and WhatsApp terms related to the WhatsApp Business Solution. You understand that any content, information, and data you upload to, and any messages you send or receive using, the WhatsApp Business Solution are processed by Meta in order to provide the Service. You agree that you are solely responsible for your or your End User’s use of the WhatsApp Business Solution, the content you or your End Users send through the WhatsApp Business Solution, and compliance with applicable Meta or WhatsApp terms.
29.12.
Your use of the AWS End User Messaging Service in certain countries is subject to additional
Country Specific Communications Service Terms
.
29.13.
AWS End User Messaging's SMS Protect feature uses statistical models that generate SMS Artificially Inflated Traffic (AIT) risk predictions based on patterns in data. SMS Protect does not guarantee the accuracy of such predictions or complete protection from AIT.
29.14.
The third-party provider fees specified on the AWS End User Messaging pricing page (e.g., Meta message fees) may be changed by the third party that charges those fees. AWS will provide notice of increases to these fees as soon as reasonably practicable after it receives notice of the increase from the relevant third-party provider.
29.15.
AWS uses third party service providers to deliver your RCS messages. These third-party service providers, in turn, use Google’s RCS for Business platform in delivering RCS messages. Accordingly, your use of the RCS messaging channel in AWS End User Messaging is subject to the
Google RCS for Business Terms of Service
(“Google RCS Terms”). The Google RCS Terms contain important information about use of Google RCS for Business, including how Google may use your RCS message content to improve its services, your indemnity obligations to Google relating to use of Google RCS for Business, and Google’s Acceptable Use Policy. By using the RCS messaging channel in AWS End User Messaging, you agree that you will comply with the Google RCS Terms and that you are solely responsible for the content you or your End Users send when using AWS End User Messaging to send RCS messages. We may change, discontinue, or deprecate support for the RCS messaging channel at any time. We will provide you with as much prior notice of any deprecation or discontinuation of support for the RCS messaging channel as practicable under the circumstances.
30. AWS Lambda
We may delete, upon 30 days’ notice to you, any of Your Content uploaded to AWS Lambda if it has not been run for more than 3 months. You may only use Lambda’s storage resources to store function code (compiled or uncompiled), dependencies (e.g. layers), and related configuration and meta-data, as necessary to execute your code on Lambda (per the technical documentation). Any other use, including but not limited to, using Lambda’s storage for the purpose of hosting generally accessible content for download or storage, is not permitted and may result in us deleting Your Content.
31. Amazon WorkMail
31.1.
When you use Amazon WorkMail, you also use AWS Key Management Service, AWS IAM, and Amazon SES, and your use of Amazon WorkMail is subject to the terms that govern those Services.
31.2.
Amazon WorkMail provides a filtering service designed to filter unwanted emails, such as spam, phishing emails, and email infected with viruses. You acknowledge that the technological limitations of the filtering service will likely result in the capture of some legitimate email and the failure to capture some unwanted email, including email infected with viruses.
31.3.
Your mail domain and End Users’ accounts may be blocked, delayed, or prevented from being delivered by destination email servers and other reasons outside of our control. Your payment obligations continue regardless of whether delivery of your emails is prevented, delayed, or blocked.
31.4.
You agree not to use Amazon WorkMail for sending:
Bulk emails, such as mass marketing emails
Unsolicited and unwanted emails
Phishing emails
31.5.
You are solely responsible for ensuring any emails you or your End Users send using Amazon WorkMail comply with the CAN-SPAM Act and all other applicable law. You agree that AWS is not the “sender” of any emails you or your End Users send using Amazon WorkMail as defined in the CAN-SPAM Act and all other applicable laws.
31.6.
Amazon WorkMail may log and use information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information for the purpose of troubleshooting or improving Amazon WorkMail.
31.7.
If your use of Amazon WorkMail is terminated, we may delete your data and your End Users’ mailboxes.
31.8.
Portions of Amazon WorkMail in Japan are sold and provided by AMCS LLC, an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
32. Amazon WorkSpaces Application Manager (Amazon WAM)
32.1.
When you use Amazon WAM, you also use Amazon WorkSpaces, and your use is subject to the terms that govern Amazon WorkSpaces.
32.2.
You may use the Amazon WAM Admin Studio only to package applications, and the Amazon WAM Admin Player only to validate applications, that will be delivered via Amazon WAM to your WorkSpaces.
32.3.
As part of regular operation of Amazon WAM, we may update your Amazon WAM desktop applications with software upgrades, patches, and bug fixes.
33. AWS B2B Data Interchange
33.1.
When you register as a trading partner to access an AWS B2B Data Interchange Portal established under another AWS account (“B2B Data Interchange Portal”), you are an End User of that AWS account. Content you contribute to a B2B Data Interchange Portal (“Trading Partner Contributed Content”) as an End User is not considered Your Content for the purposes of rights and obligations under the terms of this Agreement. Subject to the non-exclusive license granted by Section 33.2, this does not modify any rights you may hold in your Trading Partner Contributed Content.
33.2.
Trading Partner Contributed Content may be viewed by others who have access to the B2B Data Interchange Portal. Unless you enter into a license with other parties who have access to the B2B Data Interchange Portal specifying different terms, you grant each party who has access a nonexclusive, worldwide, irrevocable license, without restriction, to use the Trading Partner Contributed Content. You represent and warrant that you have all rights necessary to grant this license.
33.3.
When you invite another party to register as a trading partner to access your B2B Data Interchange Portal, they become an End User of your AWS account and their Trading Partner Contributed Content is considered Your Content under the terms of the Agreement. You are responsible for the conduct of End Users that you invite, including their Trading Partner Contributed Content.
34. AWS Directory Service
Use of Microsoft Software on AWS Directory Service is subject to Section 5.1 above. Microsoft is an intended third-party beneficiary of this Section 34, with the right to enforce its provisions.
35. AWS Device Farm
35.1.
For any test run on an Apple device (each, an “Apple Test”), you represent and warrant that you have an active and valid registered Apple Developer Account under your iOS Developer Program License Agreement with Apple at the time any such Apple Test is run. You appoint us as your Authorized Developer (as defined in the Apple Developer Program License Agreement) for the duration of all Apple Tests and understand that you are responsible to Apple for all actions we undertake in connection with each Apple Test.
35.2.
You agree not to and not to attempt to:
(i) perform any network discovery inside the AWS Device Farm or otherwise in connection with the test;
(ii) generate any internet traffic from within the EC2 instances of AWS Device Farm, unless approved by us; internet traffic should be limited to devices only;
(iii) root, unlock, or jailbreak any Device Farm device;
(iv) install persistent software on devices or EC2 instances; or
(v) factory reset or change settings on devices, or call or access third-party servers in a manner that would interfere with any Services.
35.3.
You acknowledge and agree that we may disclose application packages, test packages (pre- compiled), test script source code, application extension files, or auxiliary data files to third parties solely for purposes of conducting automated security verification.
36. Amazon OpenSearch Service
Amazon OpenSearch
Service creates daily automated snapshots of your Amazon OpenSearch Service domains. We will maintain these automated snapshots for a period of at least 14 days after they are created. We may delete automated snapshots at any time after 14 days.
37. AWS Database Migration Service
The AWS Database Migration Service (DMS), including DMS Fleet Advisor and the AWS Schema Conversion Tool, is AWS Content under the
Intellectual Property License
, and you and all End Users may install and/or use it solely for the purpose of migrating or moving data, provided that: (i) at least one of the source data store and target data store resides in AWS; and (ii) the source and target data stores are both listed in the DMS documentation of supported
sources
and
targets
. DMS Fleet Advisor collects information about resources on your network that you designate for discovery.
38. AWS Amplify
You must have all necessary rights to use any domain name that you use in conjunction with AWS Amplify.
39. AWS IoT Services
39.1. “AWS IoT Services”
means AWS IoT Core, AWS IoT Device Management, AWS IoT Device Defender, AWS IoT 1-Click, AWS IoT Events, AWS IoT Analytics, AWS IoT SiteWise, AWS IoT FleetWise , AWS IoT TwinMaker, FreeRTOS, AWS IoT ExpressLink, Amazon Kinesis Video Streams, and AWS IoT Greengrass.
39.2
. AWS IoT Services are not designed or intended for, and may not be used for, any use case where any error, defect, unavailability, or other deficiency or failure of any AWS IoT Service could lead to bodily injury or death or cause environmental or property damage. You are solely responsible for: (a) using AWS IoT Services in a manner that is safe and compliant with applicable laws and industry-specific requirements and standards; (b) testing your use of AWS IoT Services (such as any delivery of remote commands) prior to deployment in your products and services, and ongoing monitoring of your use of AWS IoT Services thereafter; (c) any recalls and corrective action for your or your End Users’ products and services that use AWS IoT Services; and (d) any other liability arising from your use of AWS IoT Services in violation of this paragraph.
39.3.
You may not rely on data collected through your use of AWS IoT Services as a substitute for any human monitoring of physical systems necessary to assess whether such systems are operating properly or safely.
39.4.
AWS IoT Core Device Shadow data for an individual device may be deleted if you do not update the Device Shadow data for an individual device within any given 12-month period. AWS IoT Core Device Registry data for an individual device may be deleted if you do not update the Registry data for an individual device within any given 7-year period. Once Device Shadow or Registry data has been updated for an individual device the data restriction time frame for that individual device resets, and the Device Shadow and Registry data storage time frame for an individual device starts over.
39.5
. You are responsible for the creation, distribution, and security (including enabling of access) of any IoT devices connected to or enabled by your AWS account.
39.6.
The AWS IoT FleetWise Edge Agent Reference Implementation is intended to help you develop your Edge Agent for AWS IoT FleetWise and includes sample code that you may reference or modify so your Edge Agent meets your requirements. You are solely responsible for your Edge Agent, including ensuring that your Edge Agent and any updates and modifications thereto are deployed and maintained safely and securely in any vehicles.
39.7.
AWS IoT ExpressLink is AWS cloud connectivity software and specifications that select AWS Partner Network (APN) Partners may incorporate into hardware modules they develop, manufacture, and offer to AWS customers. If you purchase a hardware module (including any evaluation kit) from an APN Partner that includes AWS IoT ExpressLink, you agree that AWS is not a party to any agreement between you and the APN Partner governing your purchase and use of the module, AWS is not responsible or liable to you for the module, and AWS does not make any representations or warranties with respect to the module.
39.8.
The FreeRTOS Extended Maintenance Plan (“FreeRTOS EMP”) provides subscribing customers with security patches and critical bug fixes on a chosen FreeRTOS Long Term Support (LTS) version beyond the expiry of that version’s initial LTS period. FreeRTOS EMP is a “Service” for purposes of the Agreement. Any code, fixes or patches (collectively, “EMP Patches”) that you receive, obtain or access in connection with FreeRTOS EMP that have not been incorporated into the publicly available FreeRTOS libraries are AWS Content provided to you under the
Intellectual Property License
, except that AWS also grants you a limited, non-exclusive, non-sublicensable, non-transferrable, perpetual license to (a) modify and create derivative works of the EMP Patches and (b) to distribute the EMP Patches in object code form only.
39.9.
If you use Semtech as your geolocation provider in the AWS IoT Core Device Location feature, you authorize AWS to transmit your geolocation request parameters (e.g., location data used to run the location solvers) and/or resulting output data generated by the feature (e.g., geographic coordinates) to Semtech for troubleshooting and diagnostic purposes, and other technical support. Semtech may be outside of the AWS region in which you were using the feature. If you use HERE as your geolocation provider in the AWS IoT Device Core Location feature, the terms in Sections 82.1-82.5, 82.7-82.8, and 82.10 apply. AWS may deprecate or discontinue any geolocation provider within the feature at any time upon notice to you.
39.10.
"AWS IoT Core for LoRaWAN Public Network Support” is a feature of AWS IoT Core that helps customers connect their LoRaWAN devices to AWS using a publicly available LoRaWAN network (“Public LoRaWAN Network”), which is provided as a service by a third-party network provider (“LoRaWAN Network Provider”). The LoRaWAN Network Provider is solely responsible for the operation and security of its Public LoRaWAN Network (including its gateways and any other equipment), which is separate from and located outside of AWS data center facilities, servers, networking equipment, storage media, and host software systems. Your use of Netmore AB and its affiliates' Public LoRaWAN Network is subject to their
terms and conditions
. AWS has no control over, and makes no guarantees about, any Public LoRaWAN Network.
If you use this feature, you authorize AWS to transmit to the LoRaWAN Network Provider device identification codes and related device information so the LoRaWAN Network Provider can receive and transmit device messages, and provide support. AWS may change, deprecate, or discontinue the availability of the LoRaWAN Network Provider through AWS IoT Core at any time upon notice to you.
39.11.
AWS will have no obligations or liability (including defense and/or payment obligations under the Agreement) with respect to any claim arising from or relating to alleged infringement of third-party patents related to use of Amazon Kinesis Video Streams to encode, decode, or transcode files.
39.12. AWS IoT Core for Amazon Sidewalk
39.12.1.
“AWS IoT Core for Amazon Sidewalk” is a feature of AWS IoT Core that enables customers to build applications and devices that connect to a shared network of bridge devices (“Gateways”) that contribute low-bandwidth connection to Amazon Sidewalk-enabled devices to help extend their working ranges and stay connected to the internet (“Amazon Sidewalk”). Amazon Sidewalk is provided by Ring LLC, however usage of and connectivity to Amazon Sidewalk from AWS is included as a part of AWS IoT Core for Amazon Sidewalk. You agree to, and must comply with, the following (which can be found in the
Amazon Sidewalk User Guide

39.12.4.

If AWS makes available to you any contact information of any provider of a C2C Connector, you may only use this contact information to submit an inquiry about the applicable third party C2C Connector. You may not process, share, sell or license this contact information for marketing or any other purpose. Any terms, including any applicable privacy notices, governing your use of any third-party C2C Connector are solely between you and the third-party offering the C2C Connector.
40. Amazon Connect Talent (Preview)
40.1.
“Amazon Connect Talent Content” means Your Content that is processed by Amazon Connect Talent.
40.2.
You agree and instruct that: (a) we may use and store Amazon Connect Talent Content to develop and improve Amazon Connect Talent and its underlying technologies; (b) we may use and store Amazon Connect Talent Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store your Amazon Connect Talent Content in AWS regions outside the AWS regions where you are using Amazon Connect Talent. You may instruct AWS not to use and store Amazon Connect Talent Content processed by Amazon Connect Talent to develop and improve the Service or technologies of AWS or its affiliates by configuring an AI services opt-out policy using AWS Organizations.
40.3.
You are responsible for providing legally adequate privacy notices to End Users of your products or services that use Amazon Connect Talent and obtaining any necessary consent from such End Users for the processing of Amazon Connect Talent Content and the storage, use, and transfer of Amazon Connect Talent Content as described under this Section. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for notifying us in the event that any Amazon Connect Talent Content stored by Amazon Connect Talent must be deleted under applicable law.
40.4.
Your use of Amazon Connect Talent is subject to additional
Electronic Communication Notice and Consent Service Terms
.
40.5.
Except where permitted by Amazon Connect Talent, you may not use Amazon Connect Talent to generate Content for the express purpose of training an AI model or service or developing a substantially similar AI model or service.
40.6.
Neither you nor your End Users will, or will attempt to, extract or derive underlying components, including any model, model parameters, or model weights or reproduce the training data of Amazon Connect Talent.
40.7.
Amazon Connect Talent is not intended to serve as the sole basis for employment decisions. You are responsible for your employment determinations and for reviewing all Amazon Connect Talent output data before using that data as part of making any employment decision.
40.8.
You are responsible for configuring the job applicant experience of Amazon Connect Talent for your specific use case and in a manner that complies with applicable law. This includes ensuring that your use of Amazon Connect Talent complies with all applicable labor and employment, anti-discrimination, disability accommodation, data privacy, AI, wiretap, recordkeeping, and biometrics laws and regulations. You are solely responsible for determining whether Amazon Connect Talent meets your legal obligations.
40.9.
You are responsible for implementing all legally required processes for your job applicants or other affected individuals, such as: (a) requests for information about the role of Amazon Connect Talent in employment decisions, (b) correction of inaccurate personal data used in connection with employment decisions, and (c) appeals or requests for review of employment decisions.
40.10.
You are responsible for using Amazon Connect Talent in a manner that limits bias or disparate impact discrimination against classes of individuals that are protected under applicable law. You will monitor outputs for your specific use case to identify any signs of bias or discrimination. You are responsible for: (a) understanding your legal obligations regarding bias and discrimination, (b) taking corrective action where you identify any bias or discrimination generated by your use case, and (c) maintaining records of any bias audits, impact assessments, or risk assessments as required under applicable law. AWS’ own bias and discrimination mitigation efforts do not relieve you of your independent obligation to prevent, assess, and address bias and discrimination in your use of Amazon Connect Talent.
41. AWS Certificate Manager
41.1.
By using AWS Certificate Manager (“ACM”) you authorize us, Amazon Trust Services, LLC (“ATS”), or our affiliates (collectively, “Amazon CA”) to apply for and obtain publicly trusted SSL/TLS certificates (each, a “Certificate”) from certification authorities located in the United States, some of whom may be third parties, for the domain name you provide to us. By submitting a request for a Certificate, you certify that (1) you are the Domain Name Registrant (as defined in the then current CA/Browser Forum Baseline Requirements Certificate Policy for the Issuance and Management of Publicly-Trusted Certificates (the “CA/B Forum Requirements” located
here
); (2) you have control over the Fully-Qualified Domain Name (as defined in the CA/B Forum Requirements); or (3) you have been granted authority by the Domain Name Registrant to authorize Amazon CA to apply for and obtain each Certificate. You acknowledge that, solely for purposes of obtaining the Certificate and for no other purposes, you are giving Amazon CA control over the Fully-Qualified Domain Name, and you approve of Amazon CA requesting the Certificate for the domain name. We may decline to provide you with a Certificate for any reason.
41.2.
You agree that:
(i) All information you provide in connection with your use of Certificates is and will be accurate and complete information at all times (and you will promptly notify us if your information changes);
(ii) You will review and verify the Certificate for accuracy;
(iii) You may use a Certificate we provide to you solely on servers that are accessible at the subjectAltName(s) listed in the Certificate and will use the Certificate solely in compliance with all applicable laws;
(iv) You will promptly cease using a Certificate, and promptly notify us, in the event that any information in the Certificate is incorrect or inaccurate;
(v) You will promptly cease using a Certificate, and promptly notify us, if the private key associated with the Certificate is subject to a Key Compromise (as defined in the CA/B Forum Requirements) or the Certificate is otherwise subject to misuse;
(vi) You will promptly respond to Amazon CA’s instructions concerning Key Compromise or Certificate misuse;
(vii) You will not modify, sublicense, or create a derivative work of any Certificate (except as required to use the Certificate for its intended purpose) or Private Key;
(viii) You will not, in connection with use of the Certificate, upload or distribute any files or software that may damage the operation of another’s computer;
(ix) You will not make representations about or use a Certificate except as may be allowed in ATS’s
CPS
;
(x) You will not, in connection with use of the Certificate, impersonate or misrepresent your affiliation with any entity;
(xi) You will not permit an entity other than Amazon CA to control the Private Key matching the Public Key in the Certificate (where “Private Key” and “Public Key” are defined by the CA/B Forum Requirements);
(xii) You will not use a Certificate to breach the confidence of a third party or to send or receive unsolicited bulk correspondence; and
(xiii) You acknowledge that Amazon CA (or our applicable third-party contractor) may revoke a Certificate at any time, and you agree that you will cease using the Certificate immediately upon our notice of such revocation.
42. AWS Verified Access
42.1.
We may change, discontinue, or deprecate support for any third-party trust provider at any time without prior notice.
43. Amazon GameLift
43.1. Amazon GameLift Servers
43.1.1.
You may only access or use Amazon GameLift Servers for video game server hosting; provided however, that this restriction does not apply to your use of the FlexMatch feature independent of other Amazon GameLift Servers features.
43.1.2.
We or our affiliates may delete, upon 30 days' notice to you, any of Your Content uploaded to Amazon GameLift Servers if it has not been run in more than 3 months.
43.1.3.
Your use of Amazon GameLift Servers Local is governed by the
Amazon GameLift Servers Local License Agreement
.
43.1.4.
The Amazon GameLift Servers Spot Instance program allows you request that certain Amazon GameLift Servers instances run pursuant to the Amazon GameLift Servers Spot instance pricing and payment terms set forth on the Amazon GameLift Servers product detail page on the Site (each requested instance, a “GL Spot Instance”). We may terminate the Amazon GameLift Servers Spot Instance program at any time. We may terminate, stop, or hibernate GL Spot Instances at any time and without any notice to you for AWS capacity requirements. You should configure your game to ensure it is fault tolerant and will correctly handle interruptions. GL Spot Instances may not be used with certain Services, features and third-party software we specify, including those listed in Section 5.3, above.
43.2. Amazon GameLift Streams
43.2.1.
Amazon GameLift Streams is not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily 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.
43.2.2.
AWS will have no obligations or liability (including defense and/or payment obligations under the Agreement) with respect to any claim arising from or relating to alleged infringement of third-party patents related to use of
GameLift Streams
to encode, decode, or transcode files.
44. AWS Application Discovery Service
When you use AWS Application Discovery Service, data that is scanned by AWS Application Discovery Service in your on-premises computing resources will be deemed Your Content.
45. AWS Professional Services
45.1.
AWS Professional Services are advisory and consulting services that AWS provides under an order, statement of work, or pursuant to a Generative AI Innovation Center engagement (collectively, a “Professional Services Order”) to help you use other Services. AWS Professional Services are “Services” for purposes of the Agreement.
AWS Professional Services may be provided remotely, on-site at the “Project Location” specified in the Professional Services Order, or at such other locations as may be mutually agreed. Additional terms applicable to the performance of AWS Professional Services in certain countries are provided in the
Special Provisions for Certain Jurisdictions
.
45.2.
In the event of a conflict between this Section 45 and an AWS Professional Services Addendum or Implementation Services Addendum (each, an “Addendum”), the terms of the Addendum will control. In the event of a conflict between this Section 45 and a Professional Services Order, the terms of the Professional Services Order will control.
45.3.
AWS Professional Services do not constitute financial, legal, or compliance advice. You are responsible for determining whether your use of AWS Professional Services, including artificial intelligence or machine learning Services, features, and functionality (including third-party models) that we may provide to you (each, an “AI Solution”), complies with applicable laws, rules, regulations, and policies.
45.4.
You will not require AWS personnel to sign, accept, or otherwise agree to any terms, conditions, obligations, or agreements as a condition of providing AWS Professional Services, and you agree that the terms of any such documentation are void, even if signed by AWS personnel, except to the extent they impose reasonable building access or safety requirements.
Content and Licensing
45.5.
Except for Third Party Content, Content that AWS provides as part of AWS Professional Services is AWS Content.
45.6
.
AWS may develop Content for you consisting of either (a) documents and diagrams (“Documents”) or (b) software (in source or object code form), sample code, or scripts (“Software”) as part of AWS Professional Services (such Documents and Software, “Developed Content”). AWS is not precluded from developing, using, or selling products or services that are similar to or related to the Developed Content; however, this sentence does not excuse AWS’s obligations under any non-disclosure agreement between you and AWS. Any Developed Content provided to you by AWS as part of AWS Professional Services under a Professional Services Order is licensed under the following terms:
AWS Licensor licenses any Documents to you under the Creative Commons Attribution 4.0 International License (CC-BY 4.0); and
AWS Licensor licenses any Software to you under the Apache License, Version 2.0.
45.7.
In addition to Developed Content, deliverables may include AWS Content, or Third Party Content provided under a separate license. If there is a conflict between Section 45.6 above and any separate license, the separate license will control.
45.8.
Content that you provide or direct AWS to use for purposes of providing AWS Professional Services will be deemed Your Content.
AWS’s Rights and Responsibilities
45.9.
AWS will provide AWS Professional Services in a professional manner, using skilled and experienced resources. In the event AWS fails to do so, and you provide written notice to AWS of such failure within ninety (90) days from the date of performance, as your sole remedy AWS will either (i) re-perform the non-conforming AWS Professional Services or (ii) refund any fees paid for the non-conforming AWS Professional Services.
45.10.
AWS may subcontract certain obligations under a Professional Services Order but will remain responsible for any subcontracted obligations.
Your Rights and Responsibilities
45.11.
You will cooperate with AWS to help ensure AWS Professional Services are delivered according to schedule, budget, and scope, which includes promptly providing AWS with access to data, tools, software licenses, source code, equipment, and any other reasonably necessary resources to support the delivery of AWS Professional Services. AWS is not responsible for any delays, additional costs, or project modifications caused by your failure to meet these obligations.
45.12.
You are solely responsible for testing, deploying, maintaining, implementing, and supporting any Content or deliverables provided or recommended by AWS as part of AWS Professional Services, including AI Solutions.
45.13.
You are solely responsible for all activities within your production environments where software, data, configuration, applications, code, or other products are placed into live operation for their intended use by End Users (“Production Environment”) including:
45.13.1.
Determining deployment-readiness of deliverables and managing their subsequent deployment, operation, and maintenance;
45.13.2.
Overall management of AWS accounts, pipelines, deployment gates, and logs and records; and
45.13.3.
All access and permissions control, including ensuring AWS personnel are precluded from accessing Production Environments.
Estimated Fees and Expenses
45.14.
AWS will invoice you monthly for AWS Professional Services. Except as provided under Section 45.9, payments for AWS Professional Services are not refundable.
45.15.
If AWS is required to charge you for any indirect taxes, AWS will issue an invoice complying with the relevant tax invoicing regulations applicable at that time. You consent to receiving invoices via email or such other method determined by AWS and compliant with the relevant tax invoicing regulations.
Customer Regulated Data
45.16.
Except as directed by you and expressly stated in a Professional Services Order, you will not disclose to AWS personnel any Content that includes or is defined under applicable law as “personal data,” “personal information,” “protected health information,” “controlled unclassified information,” or other sensitive or restricted data types which are defined or governed by applicable law (including data privacy law), regulation, regulatory framework, or industry standard (collectively, “Customer Regulated Data”)
45.17.
Incidental personal data related to your personnel that AWS obtains as part of AWS Professional Services is not Customer Regulated Data. This type of data is treated as “Account Information,” and AWS and its affiliates will handle it in accordance with the AWS Privacy Notice (available at
https://aws.amazon.com/privacy/
), which you will make available to your personnel.
Migrations
45.18.
Content will be migrated as-is, in its current state, and AWS is not responsible for modifying, configuring, or applying additional protections, encryption settings, or other security measures or controls to such Content.
45.19.
You are responsible for creating and maintaining backup copies of all your systems and Content before, during, and after delivery of any migrations performed as part of AWS Professional Services. AWS is not responsible for any losses resulting from your failure to back up Content.
46. Amazon Redshift
The Reserved Node program allows you to designate Amazon Redshift nodes as subject to the reserved pricing and payment terms set forth on the Amazon Redshift pricing page on the AWS Site (each designated node, a “Reserved Node”). We may terminate the Reserved Node program at any time. We may change pricing for the Reserved Node Program at any time, but price changes will not apply to previously designated Reserved Nodes. Reserved Nodes are noncancellable, and you will owe the amount charged for the Reserved Node for the duration of the term you selected, even if the Agreement is terminated. Reserved Nodes are nontransferable, and all amounts paid in connection with Reserved Nodes are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual Reserved Node type, or terminate the Reserved Node program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved Node. Upon expiration or termination of the term of a Reserved Node, the Reserved Node pricing will expire and standard on-demand usage prices will apply to the Amazon Redshift node.
47. AWS Server Migration Service
47.1.
When you use AWS Server Migration Service, data that is scanned by AWS Server Migration Service in your on-premises computing resources will be deemed Your Content.
47.2.
We may terminate the migration of any image that remains in a migration queue for 90 days or more.
48. AWS Organizations
48.1
. AWS Organizations enables you to create an “Organization” by joining a single AWS account (the “Management Account”) with one or more AWS accounts (each, a “Member Account”). Except as authorized by AWS, only AWS accounts used by you, your affiliates, your employees, or your subcontractors currently doing work on your behalf may be joined in an Organization. By joining an Organization as a Member Account, you agree: (a) to disclose billing, account activity, and account information of the Member Account to the Management Account; and (b) that the Management Account may purchase Savings Plans, EC2 Reserved Instances, or Dedicated Host Reservations on a Member Account’s behalf.
48.2
. With AWS Organizations, the Management Account and Member Account will be jointly and severally liable for all charges accrued by the Member Accounts while joined in an Organization, but the Management Account will be billed for all such charges in accordance with the Management Account’s Agreement. If the Management Account enables Invoice Configuration, Member Accounts may also be billed for their charges or charges accrued by other Member Accounts in the Organization, as configured by the Management Account. If a Management Account is suspended for non-payment, then all Member Accounts in the Organization will be suspended.
48.3
. If your Organization has all features enabled: (i) the consolidated billing terms as described in Section 48.2 will apply to your Organization; (ii) the Management Account will have full access to and control over its Member Accounts; and (iii) the Management Account is jointly and severally liable for any actions taken by its Member Accounts. If requested by the Organization's Management Account with the assisted migration feature, we may enable, with at least 14 days' prior notice to you, all features in your Organization.
48.4
. When a Management Account uses AWS Organizations or the CreateLinkedAccount API to create an account (“Created Account”): (i) the Created Account will be a Member Account of the Management Account’s Organization with the AWS Organizations features that the Management Account enables from time to time; (ii) the Created Account is governed by the terms of the Management Account’s Agreement; (iii) the Management Account is jointly and severally liable for any actions taken by the Created Account; and (iv) an IAM role is created in the Created Account that grants the Management Account full administrative access to the Created Account.
48.5. Billing Transfer.
The following terms also apply to the billing transfer capability of AWS Organizations (“Billing Transfer”), where a Management Account (the “Bill-Source Account”) can designate another Management Account (the “Bill-Transfer Account”) to be billed for charges accrued by the Bill-Source Account and the Member Accounts in the Bill-Source Account’s Organization:
48.5.1.
Except as authorized by AWS, only AWS accounts and Organizations used by you, your affiliates, your employees, or your subcontractors currently doing work on your behalf may enable Billing Transfer. By designating a Bill-Transfer Account, you agree to disclose billing, account activity, and account information of the Bill-Source Account and its Organization to the Bill-Transfer Account.
48.5.2.
If you enable Billing Transfer, the Bill-Transfer Account and the Bill-Source Account will be jointly and severally liable for all charges accrued by the Bill-Source Account’s Organization while Billing Transfer is in effect, but the Bill-Transfer Account will be billed for all such charges in accordance with the Bill-Transfer Account’s Agreement. Notwithstanding the foregoing, Billing Transfer does not apply to Transaction Proceeds as defined in the
Service Terms for AWS Marketplace Sellers
. If the Bill-Transfer Account is suspended for non-payment, then all Bill-Source Accounts and the member accounts in their Organizations will be suspended.
48.5.3.
If you enable Billing Transfer, AWS will calculate invoices based on the tax settings of the Bill-Transfer Account. You warrant that the application of any tax exemption on your Bill-Transfer Account to the usage accrued by the Bill-Source Account and the Member Accounts in its Organization complies with applicable tax laws, and agree to assist AWS as provided in Section 1.22.5. The Bill-Transfer Account’s tax settings may be disclosed to the Bill-Source Account and its Organization.
49. Amazon Athena
Notwithstanding any other provision of the Agreement, you may incorporate into your programs or applications, and distribute as incorporated in such programs or applications, the Amazon Athena JDBC Driver or the Amazon Athena ODBC Driver, in each case solely for use with Amazon Athena.
50. AWS Machine Learning and Artificial Intelligence Services
50.1.
“AI Services” means, collectively, Amazon Bedrock, Amazon CodeGuru Profiler, Amazon CodeGuru Reviewer, Amazon Foundation Models (Amazon Nova and Titan models), Amazon Nova Act, Amazon Nova Forge, Amazon Comprehend, Amazon Comprehend Medical, Amazon DevOps Guru, Amazon Forecast, AWS HealthLake, Amazon Kendra, Amazon Lex, Amazon Lookout for Metrics, Amazon Personalize, Amazon Polly, Amazon Q, AWS Transform, Amazon Rekognition, Amazon Textract, Amazon Transcribe, Amazon Transcribe Medical, Amazon Translate, AWS HealthOmics, AWS HealthImaging, AWS HealthScribe, AWS App Studio, Kiro, Amazon Quick, AWS Elemental Inference, AWS DevOps Agent, AWS Continuum (including features previously named AWS Security Agent), and AWS FinOps Agent (Preview), and the model customization agent in SageMaker AI. “AI Content” means Your Content that is processed by an AI Service.
50.2.
The output that you generate using AI Services is Your Content. Due to the nature of machine learning, output may not be unique across customers and the Services may generate the same or similar results across customers.
50.3.
You agree and instruct that for Amazon CodeGuru Profiler, Amazon Comprehend, Amazon Lex, Amazon Polly, Amazon Rekognition, Amazon Textract, Amazon Transcribe, Amazon Translate, AWS Transform, AWS FinOps Agent (Preview), Kiro Free Tier, and Kiro individual subscribers (as described
here
): (a) we may use and store AI Content that is processed by each of the foregoing AI Services to develop and improve the applicable AI Service and its underlying technologies; (b) we may use and store AI Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial-intelligence technologies; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store such AI Content in an AWS region outside of the AWS region where you are using such AI Service. This Section does not apply to Amazon Comprehend Medical, Amazon Transcribe Medical, AWS HealthScribe, Amazon Comprehend Detect PII or any AI Service that is not listed in the first sentence of this Section 50.3. You may instruct AWS not to use and store AI Content processed by an AI Service to develop and improve that Service or technologies of AWS or its affiliates by configuring an AI services opt-out policy using AWS Organizations. For access to AI Services via AWS Builder ID or a third-party authentication provider, you may instruct AWS to refrain from using and storing AI Content processed by an AI Service to develop and improve that Service or technologies of AWS or its affiliates by using the opt-out mechanism indicated in the applicable service documentation.
50.4.
You are responsible for providing legally adequate privacy notices to End Users of your products or services that use any AI Service and obtaining any necessary consent from such End Users for the processing of AI Content and the storage, use, and transfer of AI Content as described under this Section 50. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for notifying us in the event that any AI Content stored by an AI Service must be deleted under applicable law. If you use Amazon Lex in connection with websites, programs or other applications that are directed or targeted, in whole or in part, to children under age 13 and subject to COPPA or similar laws you must: (a) provide all required notices and obtain all required verifiable parental consent under COPPA or similar laws; and (b) notify AWS during the Amazon Lex set-up process using the appropriate (i) check box in the AWS console or (ii) Boolean parameter in the applicable Amazon Lex Model Building Service API request or response as specified by the Amazon Lex technical documentation. Amazon Lex does not store or retain voice or text utterance information from websites, programs, or other applications that you identify in accordance with this Section as being directed or targeted, in whole or in part, to children under age 13 and subject to COPPA or similar laws.
50.5.
Except where permitted by the AI Service, you may not use an AI Service to generate Content for the express purpose of training an AI model or service or developing a substantially similar AI model or service.
50.6.
AI Services are not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage. AI Services may be used in connection with supporting healthcare services but are not medical devices and are not intended to be used by themselves for any clinical decision-making or other clinical use. You are responsible for liability that may arise in connection with any such uses.
50.7.
Notwithstanding any other provision of the Agreement, you may incorporate into your programs or applications, and distribute as incorporated in such programs or applications, the binary code that we distribute for AI Services with the AWS Mobile SDKs.
50.8.
Law Enforcement Use of Amazon Rekognition. Amazon Rekognition’s face comparison feature uses machine learning to detect similarities between faces in different images and generate predictions of the likelihood the same person appears in both images; it does not provide definitive identifications of any person. Given the nature of machine learning systems, the following terms apply when Law Enforcement Agencies use Amazon Rekognition’s face comparison feature in connection with criminal investigations. “Law Enforcement Agency” means a government entity whose primary purpose and responsibilities are criminal investigation, apprehension and prosecution.
50.8.1.
If Amazon Rekognition is used to assist in identifying a person, and actions will be taken based on the identification that could impact that person’s civil liberties or equivalent human rights, the decision to take action must be made by an appropriately trained person based on their independent examination of the identification evidence.
50.8.2.
Law Enforcement Agencies that use Amazon Rekognition to assist personnel in making decisions that could impact civil liberties or equivalent human rights must ensure such personnel receive appropriate training on responsible use of facial recognition systems, including how to properly operate the system and interpret its results. For an example of how to implement such training, see the Facial Recognition Policy Development Template published by the U.S Department of Justice’s Bureau of Justice Assistance.
50.8.3.
Amazon Rekognition may not be used for sustained surveillance of a specific person without following an independent review process that is designed to protect civil liberties or equivalent human rights (such as obtaining a court order, warrant, or other authorization), unless the use is to address exigent circumstances involving a threat of death or serious harm to a person.
50.8.4.
Law Enforcement Agencies that use Amazon Rekognition for criminal investigations must provide a public disclosure describing their use of facial recognition systems. The method and content of the disclosure is at the reasonable discretion of the agency, but should be easily accessible to the public (such as a posting on a website), describe how the facial recognition system is used, and summarize safeguards in place to prevent violations of civil liberties or equivalent human rights. For examples, see this
statement
from the FBI and the Facial Recognition Policy Development Template published by the U.S Department of Justice’s Bureau of Justice Assistance.
50.9. Amazon Rekognition.
The following terms also apply to Amazon Rekognition:
50.9.1.
Amazon has implemented a moratorium on use of Amazon Rekognition’s face comparison feature by police departments in connection with criminal investigations. This moratorium does not apply to use of Amazon Rekognition’s face comparison feature to help identify or locate missing persons.
50.9.2.
You agree that if you use Amazon Rekognition’s face APIs to analyze, detect, or process faces in images or videos, then you instruct AWS, as your processor, to: (1) generate face vectors and extract other facial attributes on your behalf; (2) store your face vectors in a secure AWS environment; (3) store, delete, and search your face vectors only at your direction or as necessary to maintain or provide Amazon Rekognition or comply with the law or a binding order of a governmental body; and (4) not use your face vectors for any other purpose (unless you instruct otherwise in writing) or transfer them to any third party. As the owner and controller of your face vectors, you instruct us to store them solely within AWS’s secure environment.
50.9.3.
Your use of Amazon Rekognition is subject to additional
Biometric Notice and Consent Service Terms
.
50.10. Defense of Claims and Indemnity for Indemnified Generative AI Services.
AWS Services may incorporate generative AI features and provide Generative AI Output to you. “Generative AI Output” means output generated by a generative artificial intelligence model in response to inputs or other data provided by you. “Indemnified Generative AI Services” means, collectively, generally available features of Amazon Nova Micro, Amazon Nova Lite, Amazon Nova Pro, Amazon Nova Premier, Amazon Nova Canvas, Amazon Nova Reel
,
Amazon Nova Forge Models (as defined below)
,
Amazon Nova Sonic, Amazon Nova 2 Omni, Amazon Nova Act, Amazon Titan Text Express, Amazon Titan Text Lite, Amazon Nova Multimodal Embeddings, Amazon Titan Text Premier, Amazon Titan Text Embeddings, Amazon Titan Multimodal Embeddings, Amazon Titan Image Generator, AWS HealthScribe, Amazon Personalize, Amazon Q (excluding Amazon Q Developer Free Tier), AWS Transform, Amazon Bio Discovery (excluding Amazon Bio Discovery Academic Tier), Amazon Connect Customer, Amazon Connect Decisions, Amazon Connect Health, Amazon Connect Talent, Amazon Lex, Kiro (excluding Kiro Free Tier), and Amazon Quick. The following terms apply to the Indemnified Generative AI Services:
50.10.1.
Subject to the limitations in this Section 50.10, AWS will defend you and your employees, officers, and directors against any third-party claim alleging that the Generative AI Output generated by an Indemnified Generative AI Service infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
50.10.2.
AWS will have no obligations or liability under Section 50.10.1 with respect to any claim: (i) arising from Generative AI Output generated in connection with inputs or other data provided by you where such inputs or other data, alone or in combination, infringe or misappropriate another party’s intellectual property rights; (ii) if you interfere with or fail to enable available filters and other tools, or disregard instructions made available for the Indemnified Generative AI Service; (iii) if your use of the Indemnified Generative AI Service breaches the Agreement; (iv) if you have fine-tuned, refined, customized, or otherwise modified an Indemnified Generative AI Service and the alleged infringement or misappropriation would not have occurred but for this fine-tuning, refinement, customization, or modification; (v) arising after you receive notice to stop using the Generative AI Output; (vi) arising from Generative AI Output that you know or reasonably should know may infringe or misappropriate another party’s intellectual property rights; or (vii) alleging that your use of Generative AI Output infringes a third party’s trademark or related rights. The remedies in this Section 50.10 are the sole and exclusive remedies under the Agreement for any third-party claims alleging that the Generative AI Output generated by an Indemnified Generative AI Service infringes or misappropriates a third party’s intellectual property rights. AWS’s defense and payment obligations under this Section 50.10 will not be subject to any damages cap under the Agreement.
50.10.3.
The obligations under this Section 50.10 will apply only if you: (a) give AWS prompt written notice of the claim; (b) permit AWS to control the defense of the claim; (c) retain and provide sufficient records to the extent necessary to evaluate your eligibility for the defense of claims and indemnity set forth in this Section 50.10; and (d) reasonably cooperate with AWS (at AWS’s expense) in the defense and settlement of the claim. AWS may settle the claim as AWS deems appropriate, provided that AWS obtains your prior written consent (not to be unreasonably withheld) before entering into any settlement.
50.11.
Neither you nor your End Users will, or will attempt to, extract or derive underlying components, including any model, model parameters, or model weights or reproduce the training data of AI Services.
50.12. Amazon Bedrock.
The following terms apply to Amazon Bedrock:
50.12.1.
Third-party models are available to you on Amazon Bedrock as “Third-Party Content”. By using a third-party model, you agree to the applicable terms
here
. Notwithstanding anything to the contrary in the Agreement or Service Terms, Section 20 (AWS Marketplace) above applies to your use of models sold by third parties, and Amazon Web Services, Inc. is the invoicing party with respect to these models.
50.12.2.
Abuse Detection.
For certain models identified on the
Bedrock abuse detection page
, as part of providing the Service, Amazon Bedrock stores Service inputs and outputs for up to 30 days (unless otherwise required by law) solely to detect activity that violates our, or third-party model providers’, terms of service or use policies. If we detect a potential violation, you agree and instruct that we may review the Service inputs and outputs to determine if a violation has occurred.
50.12.2.1.
If we detect apparent child sexual abuse material (“CSAM”), you agree and instruct that we may: (a) review the flagged input or output to determine if it is CSAM, and (b) report the incident to the National Center for Missing and Exploited Children or other authority.
50.12.2.2.
Certain Anthropic models identified on the
Bedrock abuse detection page
require you to consent to the transfer of Your Content and associated metadata to Anthropic for abuse detection, via the opt-in mechanism described in the
applicable service documentation
. By providing such consent, you instruct AWS to transfer Your Content and associated metadata to Anthropic for processing in accordance with
Anthropic's Data Processing Addendum
.
50.12.3.
Provisioned throughput commitments for Bedrock. We may change provisioned throughput commitment pricing or stop offering commitments for provisioned throughput at any time. Any price changes will not apply to existing commitments. Provisioned throughput commitments are nontransferable and noncancellable, so you will be charged for the duration of the term you selected, even if you terminate the Agreement.
50.12.4.
Amazon Bedrock may allow you to customize models with data you provide (for example, by fine-tuning). You will have exclusive use of your customized model. Third-party model providers cannot access your customized model. We will not access or use your customized model except as necessary to maintain or provide the Amazon Bedrock Service, or as necessary to comply with the law or a binding order of a governmental body.
50.12.5.
We may share information, that does not include Your Content, about your use of a third-party model with the provider of that third-party model.
50.12.5.1.
Certain Anthropic products and features (e.g., Claude Code, computer use) may embed metadata in requests sent to Anthropic models on Amazon Bedrock. AWS may notify Anthropic which of this metadata is present in your Service inputs for Anthropic's product-level usage attribution.
50.12.6.
Output generated by models accessed through Amazon Bedrock may include information such as metadata, digital signatures, or watermarks to identify it is generated using a generative artificial intelligence model ("Provenance Data"), as indicated in applicable documentation (for example, see
here
for Amazon Titan Image Generator). Neither you nor any End User may modify, tamper with, remove, obscure, or otherwise alter such Provenance Data.
50.13. Amazon Q.
To help Amazon Q provide the most relevant information, we may use AI Content processed by Amazon Q, such as prompts and responses (“Amazon Q Content”), for service improvement as described below. Currently, this Section 50.13 applies only to Amazon Q Developer Free Tier, and we may add Amazon Q features or services from time to time as they launch. This Section 50.13 does not apply to any Amazon Q feature or service that is not listed in the prior sentence.
50.13.1. Service Improvement.
You agree and instruct that we may use Amazon Q Content to develop and improve Amazon Q and its underlying technologies, and for that purpose we may store Amazon Q Content in an AWS region outside of the AWS region where you are using Amazon Q.
50.13.2. Other Service Improvement.
You agree and instruct that we may also use Amazon Q Content that does not contain personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies including to train machine-learning models.
50.13.3. Further Instructions.
You may instruct AWS not to use and store Amazon Q Content for service improvement as described in this Section 50.13 by (i) configuring an AI services opt-out policy using AWS Organizations, (ii) if you use Amazon Q in the IDE, by adjusting your settings in the IDE, or (iii) using the opt-out mechanism described in the Amazon Q documentation.
50.14. Kiro.
50.14.1.
If you purchase your Kiro subscription on a payment portal powered by Stripe, then for purposes of your use of Kiro, Amazon Web Services, Inc. is the AWS Contracting Party under the Agreement.
50.14.2.
Per Section 1.24 of the Service Terms, Amazon Bedrock abuse detection mechanisms apply to your use of Kiro. See
here
for more details. Additionally, only for Kiro Free Tier users, we may store your inputs for up to 60 days (unless otherwise required by law) for the purposes of detecting activity that violates the Agreement and improving our ability to detect such activity.
50.15. Amazon Bedrock AgentCore Payments (Preview)
50.15.1.
Amazon Bedrock AgentCore Payments helps you develop agentic payment solutions by transmitting your API calls and other messages between your AI agents, your selected third-party wallet providers, and third-party sellers. AWS does not provide regulated financial services as part of AgentCore Payments. AWS is not a party to or in the flow of funds for any payment facilitated by your use of AgentCore Payments.
50.15.2.
To use AgentCore Payments, you must connect your wallet through a third-party wallet provider. Wallets are Third Party Content and governed by separate terms between you and the third-party wallet provider. AWS does not have custody or control over, and is not responsible for any wallets, funds, digital assets, or associated private keys used in connection with AgentCore Payments. AWS is not responsible for any services you may receive from your wallet provider.
50.15.3.
You will: (a) use AgentCore Payments in compliance with applicable laws and industry-specific requirements and standards, including, if required for your use case, obtaining any government licenses or registrations; and (b) test, monitor, and implement safeguards (such as human-in-the-loop) for your use of AgentCore Payments as may be appropriate for your use case, including by managing and securing your wallet and private keys and ensuring transactions are accurate and authorized. You are solely responsible for any transactions, disputes, or payments liability arising from or related to your use of AgentCore Payments.
50.15.4.
AWS may change or discontinue AgentCore Payments’ support for any third-party wallet provider at any time. We will provide you with prior notice if we discontinue support of a wallet provider where practicable under the circumstances. AWS may impose limits on your use of AgentCore Payments, such as limits on transaction amounts, frequency, or volumes at any time.
50.16. Claude Platform on AWS
50.16.1.
Your use of Claude Platform on AWS is subject to Anthropic’s
Commercial Terms of Service
,
Data Processing Addendum
,
Usage Policy
, and other agreements with Anthropic governing your use of their services. If you use Claude Platform on AWS you: (1) acknowledge that the Content you provide in connection with your use of Claude Platform on AWS, together with associated metadata, will be processed by Anthropic outside of AWS in a location of their choosing; (2) authorize AWS to transfer such Content and associated metadata to Anthropic for processing.
50.16.2.
We may change, deprecate or discontinue Claude Platform on AWS at any time. We will provide you with prior notice of any deprecation or discontinuation of Claude Platform on AWS where practicable under the circumstances.
50.16.3
. Invoicing for Claude Platform on AWS is facilitated by AWS Marketplace so Section 20.1 (AWS Marketplace Buyer Terms) above applies to your use of Claude Platform on AWS.
50.16.4
. We may share information about your use of Claude Platform on AWS with Anthropic, as well as any data and associated metadata necessary to provide or maintain the service. Anthropic may also share account and usage information with us.
50.17. Amazon Quick
50.17.1.
Quick Readers
. Readers (as defined in the Quick documentation) that are used for automatically or programmatically refreshing dashboards for near real-time use cases must choose capacity pricing. For readers under user pricing, each reader is limited to manual use by one individual only.
51. Amazon Lightsail
51.1.
You authorize AWS to peer your Amazon Lightsail VPCs and your Amazon VPCs when using Amazon Lightsail VPC peering.
51.2.
Amazon Machine Images from the AWS Marketplace are offered or sold under the terms of the AWS Marketplace and any separate terms and conditions and privacy policies specified by the party offering or selling the Amazon Machine Image. Use of Microsoft Software on Amazon Lightsail is subject to Section 5.1 above. Microsoft is an intended third-party beneficiary of this Section 51.2, with the right to enforce its provisions.
51.3.
You may not use Amazon Lightsail in a manner intended to avoid incurring data fees from other Services (e.g., proxying network traffic from Services to the public internet or other destinations or excessive data processing through load balancing or content delivery network (CDN) Services as described in the technical documentation), and if you do, we may throttle or suspend your data services or suspend your account.
52. AWS Systems Manager
52.1.
Certain features of this Service include functionality that allows notifications to be sent to a contact channel (e.g., telephone number, email address). Your use of these features instructs us to send notifications (e.g., SMS/voice messages/emails) to the contact channels entered in the applicable workflows and confirms that you are authorized to send such notifications. Carriers may charge for notifications sent or received in connection with these features.
52.2.
Your use of AWS-ApplyChefRecipes is subject to Section 23.2. above.
53. Amazon Chime and Amazon Chime SDK
53.1.
In this section, “Amazon Chime” includes Amazon Chime and Amazon Chime SDK.
53.2.
End Users.
53.2.1.
You may enable End Users to use Amazon Chime under your account. Termination of your account’s use of Amazon Chime will also terminate such End Users’ paid features, Voice Connector features, and Business Calling features associated with your account or organization, and all such End Users will be converted to the free features of Amazon Chime.
53.2.2.
Amazon Chime End Users can be managed by End Users with administrative privileges (“Amazon Chime Administrators”). Amazon Chime Administrators can (a) upgrade or downgrade End Users’ Amazon Chime tier and feature set; (b) suspend End User’s access to Amazon Chime; and (c) access information about their End Users’ use of Amazon Chime, including call details.
53.2.3.
Amazon Chime SDK allows developers to integrate communications features into a customer’s application. You are responsible for the use of Amazon Chime SDK under your account as part of your application or offering. You are also responsible for the activities of users of such applications or offerings, including their compliance with applicable laws and regulations, the AWS Acceptable Use Policy, and these Terms. AWS may suspend your use of Amazon Chime SDK for non-compliance with such requirements by you or your users.
53.2.4.
AWS will have no obligations or liability (including defense and/or payment obligations under the Agreement) with respect to any claim arising from or relating to alleged infringement of third-party patents related to use of Amazon Chime SDK to encode, decode, or transcode files.
53.3.
Chime PSTN Service.
53.3.1.
The term “Chime PSTN Service” as used in these Terms means the ability for you to integrate Public Switched Telephone Network (PSTN) calling and text messaging features into your Amazon Chime experience. The Chime PSTN Service includes (a) dial in access to meetings from the PSTN via standard toll numbers and toll-free numbers; (b) dial out access from meetings to PSTN numbers via standard toll or toll-free numbers; (c) dial in access to Amazon Chime softphones from the PSTN via standard toll or toll-free numbers; (d) dial out access from the Amazon Chime softphone to the PSTN via standard toll or toll-free numbers; (e) receiving text and multi-media messages in Amazon Chime messaging or to APIs via standard toll or toll-free numbers; (f) sending text and multi-media messages from Amazon Chime messaging or from APIs via standard toll or toll-free numbers; (g) dial in access to Amazon Chime Voice Connector from the PSTN via standard toll or toll-free numbers; (h) dial out access from the Amazon Chime Voice Connector to the PSTN via standard toll or toll-free numbers; (i) dial in access to APIs from PSTN via toll or toll-free phone numbers; and (j) dial out access from APIs to the PSTN via standard toll or toll-free numbers.
53.3.2.
Portions of the Chime PSTN Service, specifically Business Calling, Voice Connector, and SMS Text, are sold and provided by AMCS LLC (“AMCS”), an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement. Your invoice will state which Services that you have used are sold to you by AMCS and which are sold by AWS. Invoicing for the Chime PSTN Service is performed by AWS on behalf of AMCS for administrative convenience. You do not have to purchase any services sold by AMCS or the Chime PSTN Service to use Amazon Chime, and you may purchase the Chime PSTN Service calling features (such as inbound or outbound calling) separately, together, or not at all from AMCS. AWS is not a telecommunications provider and does not provide any telecommunications-related services.
53.3.3.
In using the Chime PSTN Service, you will not: (a) call or text PSTN telephone numbers (whether singly, sequentially, or automatically) to generate income from access or termination charges for you or others as a result of placing the call or texting, (b) engage in unusual calling patterns inconsistent with normal, individual use, (c) resell the Chime PSTN Service to any third party without our prior written consent, or (d) attempt to use a number that is invalid, unallocated or included on a do not originate list of a regulator or industry-recognized equivalent.
53.3.4.
Your use of the Chime PSTN Service in certain countries are subject to additional
Country Specific Communications Service Terms
.
53.4.
If, as a part of Amazon Chime, AMCS provides you or your End Users with any telephone number (whether toll or toll-free), you understand and agree that you do not own the number and you do not have the right to keep that number indefinitely subject to any number portability rights under applicable law. AMCS reserves the right to change, cancel, or move telephone numbers.
53.5.
You and your End Users have the option to use Amazon Chime to record the applicable audio or video session along with chat and other types of recordings (collectively, “Recording”). If you or your End Users request that an audio or video session or other communication be recorded, Amazon Chime will attempt to notify you and your End Users of the Recording by providing a brief audio or visual notice at the time you and your End Users sign in to participate in the applicable session or communication. You and your End Users acknowledge that such notice or attempted notice followed by continued participation in the session or communication constitutes your effective consent to the Recording. You and your End Users understand that use of any Recording may be subject to laws or regulations regarding the recording of telephone calls and other electronic communications, and that it is your and your End Users’ responsibility to comply with all applicable laws regarding the Recording, including properly notifying all participants in a recorded session or to a recorded communication that the session or communication is being recorded and obtain their consent. Neither AWS nor its affiliates will be liable for your or your End Users’ unlawful Recording, including failure to provide notice or obtain consent. Any notice provided by AWS to alert participants that a session or communication is being recorded may not be relied upon by you or your End Users as definitive disclosure for your or your End Users compliance with applicable laws regarding the Recording.
53.6.
Unless stated otherwise, your or your End Users’ subscription to any of Amazon Chime’s free features does not require the payment of a subscription fee. Amazon Chime’s free features are not guaranteed for any period of time, and AWS may restrict, change, limit, or terminate the use of "free" or "basic" features of Amazon Chime by any individual, entity, or group of entities. If you or your End Users sign up for and use paid features of Amazon Chime and then for any reason, including non-payment or breach, your or your End Users’ access to the paid services is terminated, you and your End Users may be reverted to the free features of Amazon Chime and may no longer have access to data and other material that you or your End Users may have stored in connection with Amazon Chime, and that data and material may be deleted by AWS.
53.7.
Emergency calling.
53.7.1.
The Chime PSTN Service, including Voice Connector features and Business Calling features, is not a traditional telephone service or a replacement for traditional telephone service. Amazon Chime does not provide emergency calling to any emergency services personnel or public safety answering points ("Emergency Services") outside the United States. End Users should not make an Emergency Services call from a location outside the United States because the call will not to be routed to the call answering service for that location.
53.7.2.
Within the United States, Voice Connector and Business Calling features support 911 calls to Emergency Services differently than through traditional telephone services. Amazon Chime may not know the physical location of End Users and depends on End Users having access to power and the internet. As calls to Emergency Services in the United States made using Voice Connector or Business Calling features will not automatically provide an End User’s location information, the End User must provide their emergency address information to the operator that answers the call. You and your End Users are responsible for ensuring that a valid call-back number is provided with any 911 call placed using Voice Connector or Business Calling. You are solely responsible for any arrangements with third parties to provide your End Users with access to Emergency Services, and AWS makes no representations or warranties regarding the use of any such arrangements with Amazon Chime. You agree to inform your End Users that (a) the Chime PSTN Service cannot be used to make calls if the End User experiences a power outage, cannot access the Internet, or their device has no power, (b) Emergency Services calls in the United States using the Chime PSTN Service may not be routed appropriately because Amazon Chime may not know the End User’s location, and (c) End Users may access Emergency Services via other means that may be available to them, including any alternative arrangements that you make available.
53.7.3.
The Amazon Chime SDK features do not support calls to Emergency Services. If you permit End Users to place outbound calls or send outbound SMS from a dialpad enabled by Amazon Chime SDK, you must provide prominent notice to your End Users that access to the Emergency Services is not supported.
53.7.4.
Neither AWS nor its affiliates are liable for any damages resulting from any Emergency Services call or any inability to place or complete an Emergency Services call using Amazon Chime. AWS disclaims all responsibility for the conduct of local emergency response centers, third parties engaged by you to facilitate emergency response location or other address updates, and all other third parties involved in the provision of Emergency Services. As permitted by applicable law, you agree to release, indemnify, and hold harmless AWS and its affiliates from and against any liability relating to: (a) any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency call, (b) your inability to use the Chime PSTN Service to contact Emergency Services due to lack of power or internet access; (c) any failure by you or your End Users to provide accurate caller location information or call back information; or (d) your failure to make additional arrangements to access Emergency Services.
53.8. Amazon Chime SDK Machine Learning Services.
“Amazon Chime SDK ML Services” means the speaker search and voice tone analysis features of the Amazon Chime SDK. “Amazon Chime SDK ML Content” means Your Content that is processed by an Amazon Chime SDK ML Service. The following terms apply to your use of Amazon Chime SDK ML Services:
(a) You agree and instruct that: (i) we may record, use and store Amazon Chime SDK ML Content to develop and improve Amazon Chime SDK ML Services and their underlying technologies; (ii) we may record, use and store Amazon Chime SDK ML Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies; and (iii) solely in connection with the development and improvement described in clauses (i) and (ii), Amazon Chime SDK ML Content may be stored in AWS regions outside the AWS regions where you are using Amazon Chime SDK ML Services. You may instruct AWS not to record, use and store Amazon Chime SDK ML Content processed by Amazon Chime SDK ML Services to develop and improve that Service or technologies of AWS or its affiliates by configuring an AI services opt-out policy using AWS Organizations.
(b) You are responsible for providing legally adequate privacy notices to End Users of your products or services that use Amazon Chime SDK ML Services and obtaining any necessary consent from such End Users for the processing of Amazon Chime SDK ML Content and the recording, storage, use, and transfer of Amazon Chime SDK ML Content as described under this Section. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for notifying us in the event that any Amazon Chime SDK ML Content stored using Amazon Chime SDK ML Services must be deleted under applicable law.
(c) You will not, and will not allow any third-party to, use Amazon Chime SDK ML Services to, directly or indirectly, develop or improve a similar or competing product or service.
53.9. Amazon Chime SDK speaker search
53.9.1.
Your use of Amazon Chime SDK speaker search is subject to additional
Biometric Notice and Consent Service Terms
.
53.10.
Amazon Chime SDK ML Services use machine learning models that generate predictions based on patterns in data. Output generated by Amazon Chime SDK ML Services is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of the output or combining it with other verification factors. You and your End Users are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of Amazon Chime SDK ML Services.
53.11.
Amazon Chime in Japan is sold and provided by AMCS, but is otherwise subject to the terms of the Agreement.
53.12.
Amazon Chime in Singapore is sold and provided by AMCS SG PRIVATE LIMITED, an affiliate of AWS, but is otherwise subject to the terms of the Agreement.
53.13.
You understand and agree that we store all user information (including chat messages, contacts, calendar, and meeting recordings) in the United States region(s) where the Amazon Chime service is hosted.
53.14.
The Chime PSTN Service in the European Economic Area (EEA), the United Kingdom and Switzerland is sold and provided by AMCS, but is otherwise subject to the terms of the Agreement.
54. Amazon Connect Customer
54.1.
Connect Customer PSTN Service
54.1.1.
The term “Connect Customer PSTN Service” as used in these Service Terms means the inbound and outbound Public Switched Telephone Network (PSTN) calling features that you may optionally purchase to use with Amazon Connect Customer. The Connect Customer PSTN Service includes dial in access to Amazon Connect Customer from the PSTN via standard toll numbers and toll-free numbers.
54.1.2.
The Connect Customer PSTN Service is sold and provided by AMCS LLC (“AMCS”), an affiliate of AWS, and not AWS, but is otherwise subject to the terms of the Agreement. The Connect Customer PSTN Service for Singapore is sold and provided by AMCS SG PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but is otherwise subject to the terms of the Agreement. Invoicing for the Connect Customer PSTN Service is performed by AWS on behalf of AMCS and AMCS SG for administrative convenience. You do not have to purchase any service sold by AMCS, AMCS SG, or the Connect Customer PSTN Service to use Amazon Connect Customer, and you may purchase the Connect Customer PSTN Service calling features (such as inbound or outbound calling) separately, together, or not at all from AMCS or AMCS SG. AWS is not a telecommunications provider and does not provide any telecommunications-related services.
54.1.3.
In using the Connect Customer PSTN Service, you will not: (a) call PSTN telephone numbers (whether singly, sequentially, or automatically) to generate income from access or termination charges for you or others as a result of placing the call, (b) engage in unusual calling patterns inconsistent with normal, individual use, or (c) attempt to use a number that is invalid, unallocated or included on a do not originate list of a regulator or industry-recognized equivalent.
54.1.4.
At the customer’s request where number portability is available, the applicable AMCS entity will endeavor to transfer telephone numbers that are provided by the AMCS entity or transferred by the customer for use with the Amazon Connect Customer service to a new service provider. However, due to limitations under applicable law and the policies of underlying telecommunications service providers, we may in some cases be unable to transfer a customer’s telephone number.
54.1.5.
We reserve the right to change or reclaim telephone numbers assigned by the applicable AMCS entity (not including numbers that the customer has ported to Amazon Connect Customer) in the event of a breach of these terms, where necessary for compliance with applicable law or regulation, or if the number has not been used for 90 days.
54.1.6.
Your use of the Connect Customer PSTN Service in certain countries are subject to additional
Country Specific Communications Service Terms.
54.1.7.
Calling to premium rate numbers is supported subject to certain limits. Additional charges may apply to calls to premium rate number above those limits. For more information, please contact Amazon Connect Customer support.
54.2. Emergency calling
54.2.1.
The Connect Customer PSTN Service is not a replacement for traditional telephone services. Amazon Connect Customer does not support or carry emergency calling to any emergency services personnel or public safety answering points (“Emergency Services”) outside the United States. Your call agents and other End Users that may use Amazon Connect Customer should not make an Emergency Services call from a location outside the United States because the call will not to be routed to the call answering service for that location.
54.2.2.
Within the United States, the Connect Customer PSTN Service supports 911 calls to Emergency Services differently than through traditional telephone services. Amazon Connect Customer may not know the physical location of End Users and depends on End Users having access to power and the internet. You and your End Users are responsible for ensuring that current location information and a valid callback number for the End User is available to Amazon Connect Customer for any 911 call placed using the Connect Customer PSTN Service. You agree to inform all call agents and other End Users that may use Amazon Connect Customer that: a) the Connect Customer PSTN Service cannot be used to make calls if the call agent or other End User experiences a power outage, cannot access the Internet, or their device has no power, (b) Emergency Services calls in the United States using the Connect Customer PSTN Service may not be routed appropriately because Amazon Connect Customer may not know the call agent’s or other End User’s location, and (c) they may access Emergency Services via other means that may be available to them, including any alternative arrangements that you have made available.
54.2.3.
Neither AWS nor its affiliates will be liable for any damages resulting from any Emergency Services call or any inability to place an Emergency Services call using Amazon Connect Customer. AWS disclaims all responsibility for the conduct of local emergency response centers, third parties engaged by you to facilitate emergency response location or other address updates, and all other third parties involved in the provision of Emergency Services. As permitted by applicable law, you agree to release, indemnify, and hold harmless AWS and its affiliates from and against any liability relating to: (a) any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency call, (b) your inability to use the Connect Customer PSTN Service to contact Emergency Services due to lack of power or internet access; (c) any failure by you, your call agents or your other End Users that may use Amazon Connect Customer to provide accurate caller location information or call back information; or (d) your failure to make additional arrangements to access Emergency Services.
54.3.
There are important service limitations with Amazon Connect Customer. You must carefully review and comply with the applicable technical documentation at all times, including limitations related to call rates and frequency, automated calling, calls to certain regions, use of caller identification data, and others. If you believe you will exceed any limitations for legitimate reasons, you must contact customer service ahead of time to request applicable exceptions, which we may or may not make in our reasonable discretion. Amazon Connect Customer does not support calls to or from facsimile machines or modems. Any caller identification service provided as a part of Amazon Connect Customer is not guaranteed to function at all times.
54.4.
It is your responsibility to use Amazon Connect Customer in compliance with the laws and regulations of the countries where you and your call agents are located, including any regulations governing the use of the internet for voice communications and messaging. In India, you agree that you will not allow your call agents or other End Users located in India to use Amazon Connect Customer to place calls to Indian telephone numbers or otherwise to third parties located in India.
54.5.
You and your End Users have the option to request that Amazon Connect Customer record an applicable audio session along with chat and other types of recordings (collectively, “Recording”). You and your End Users understand that the making of or use of any Recording may be subject to laws or regulations regarding the recording of telephone calls and other electronic communications or of communications generally, and that it is your and your End Users’ responsibility to comply with all applicable laws regarding any Recording, including properly notifying all participants in a recorded session or to a recorded communication that the session or communication is being recorded and obtain their consent. Neither AWS nor its affiliates will be liable for your or your End Users’ unlawful Recording, including failure to provide notice or obtain consent.
54.6.
To enable the Apple Business Chat integration with Amazon Connect Customer, you must create an Apple Business Register account and are responsible for reviewing and accepting any applicable Apple terms. You agree that you are solely responsible for your or your End User’s use of Apple Business Chat, the content you or your End Users send through Apple Business Chat, and compliance with applicable Apple terms.
54.7. AI Features of Amazon Connect Customer.
“AI Features of Amazon Connect Customer” means any Amazon Connect Customer feature powered by artificial intelligence or machine learning. “AI Content of Amazon Connect Customer” means Your Content that is processed by an AI Feature of Amazon Connect Customer. The following terms apply to your use of AI Features of Amazon Connect Customer:
(a) You agree and instruct that: (i) we may use and store AI Content of Amazon Connect Customer to develop and improve Amazon Connect Customer and its underlying technologies; (ii) we may use and store AI Content of Amazon Connect Customer that is not personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies; and (iii) solely in connection with the development and improvement described in clauses (i) and (ii), we may store your AI Content of Amazon Connect Customer in AWS regions outside the AWS regions where you are using AI Features of Amazon Connect Customer. You may instruct AWS not to use and store AI Content of Amazon Connect Customer processed by AI Features of Amazon Connect Customer to develop and improve the Service or technologies of AWS or its affiliates by configuring an AI services opt-out policy using AWS Organizations.
(b) You are responsible for providing legally adequate privacy notices to End Users of your products or services that use AI Features of Amazon Connect Customer and obtaining any necessary consent from such End Users for the processing of AI Content of Amazon Connect Customer and the storage, use, and transfer of AI Content of Amazon Connect Customer as described under this Section. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for notifying us in the event that any AI Content of Amazon Connect Customer stored by AI Features of Amazon Connect Customer must be deleted under applicable law.
(c) You will not, and will not allow any third-party to, use AI Features of Amazon Connect Customer to, directly or indirectly, develop or improve a similar or competing product or service.
(d) AI Features of Amazon Connect Customer are not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage. AI Features of Amazon Connect Customer may be used in connection with supporting healthcare services but are not medical devices and are not intended to be used by themselves for any clinical decision-making or other clinical use.
(e) For Amazon Connect Health Content, the terms in Section 106 apply instead of the terms in this Section 54.7.
54.8. Amazon Connect Customer Voice ID
54.8.1.
Your use of Amazon Connect Customer Voice ID is subject to additional
Biometric Notice and Consent Service Terms
.
54.8.2.
You will not, and will not allow any third-party to, use Amazon Connect Customer Voice ID to, directly or indirectly, develop or improve a similar or competing product or service.
54.8.3.
Amazon Connect Customer Voice ID uses machine learning models that generate predictions based on patterns in data. Output generated by Amazon Connect Customer Voice ID is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of the output or combining it with other verification factors. You and your End Users are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of Amazon Connect Customer Voice ID.
54.9. Amazon Connect Customer outbound campaigns.
You are responsible for complying with legal requirements related to unsolicited or unwanted communications or telemarketing, including without limitation, the Telephone Consumer Protection Act (TCPA), the FTC’s Telemarketing Sales Rule, the EU e-Privacy Directive, UK Privacy and Electronic Communications Regulations, Ofcom’s policies regarding nuisance calls and texts, or any similar federal, state, or local laws and regulations. We reserve the right to suspend your use of Amazon Connect Customer outbound campaigns if the percentage of answered calls falls below 20% of calls made in any 7 day period or such other level as we may establish in our documentation or policies for outbound campaigns.
54.10.
You may only use Amazon Connect Customer Chat for its intended purpose as set forth in the technical documentation. Other uses, including without limitation creating chats for the primary purpose of sending non-chat-based communications, such as email, are not permitted and may result in additional fees being charged to your account or in any increased service limits being reverted to default capacity.
55. AWS Greengrass
Your use of the AWS Greengrass Core is governed by the
AWS Greengrass Core Software License
.
56. AWS Migration Hub
When you use AWS Migration Hub, data that is scanned by AWS Migration Hub in your on-premises computing resources will be deemed Your Content.
57. Amazon MQ (AMQ)
If your messages sent through Amazon MQ are blocked, delayed, or prevented from delivery by reasons outside of our control, your payment obligations continue.
58. AWS Elemental Media Services and Amazon Interactive Video Service (“IVS”)
58.1.
“AWS Elemental Media Services” means AWS Elemental Inference, MediaConnect, MediaConvert, MediaLive, MediaPackage, MediaStore and MediaTailor.
58.2
. The encoding, transcoding or decoding of files with AWS Elemental Media Services and IVS, and the use or distribution of files processed or created by AWS Elemental Media Services and IVS, may require that you have or obtain license rights from third parties, including owners or licensors of certain third-party patents related to audio and video formats. You are solely responsible for having or obtaining such licenses and paying any necessary royalties or fees, and AWS will have no obligations or liabilities under the Agreement (including defense and/or payment obligations) for third-party patent claims if you fail to have or obtain such licenses.
58.3.
AWS Elemental MediaConnect and IVS in Japan are sold and provided by AMCS LLC, an affiliate of AWS, and not AWS, but are otherwise subject to the terms of the Agreement.
58.4.
AWS Elemental Media Event Management (MEM)
58.4.1.
In order to provide MEM, we may request that you implement specific AWS Elemental Software updates and/or provide us with prompt and reasonable access to your AWS Elemental Products. MEM Services do not include installation, configuration, administration, performance, operation, error, fault or defect resolution or other support and maintenance of any AWS Elemental Products, AWS Services or any third-party products (or any combination of any of the foregoing).
58.4.2.
AWS does not provide security, risk, governance, legal or compliance advice. You are responsible for making your own assessment of whether your use of the MEM Services meets applicable legal and regulatory requirements. You are also solely responsible for carrying out any advice or recommendations we provide.
58.4.3.
Payments for MEM Services are not refundable, and your sole remedy is for AWS to re-perform the relevant MEM Services, provided that you must notify us of any failure within 10 business days of the original date of performance. We will invoice you in the manner set forth on your engagement summary.
58.5.
In conjunction with AWS Elemental Media Services and IVS, you can use watermarking software and technology developed and owned by third-parties (Licensors). This technology is Third-Party Content. You are solely responsible for obtaining all required licenses from Licensors to use their technology, paying any necessary royalties or fees, and complying with applicable terms and conditions.
59. AWS Entity Resolution
59.1.
“AWS Entity Resolution Content” means Your Content that is processed by AWS Entity Resolution.
59.2.
You agree and instruct that: (a) we may use and store AWS Entity Resolution Content to develop and improve AWS Entity Resolution and its underlying technologies; (b) we may use and store AWS Entity Resolution Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store such AWS Entity Resolution Content in an AWS region outside the AWS region where you are using AWS Entity Resolution. You may instruct AWS not to use and store AWS Entity Resolution Content to develop and improve AWS Entity Resolution and AWS and affiliate machine-learning and artificial intelligence technologies by configuring an AI services opt-out policy using AWS Organizations.
59.3.
You are responsible for providing legally adequate privacy notices to End Users of your products or services and obtaining any necessary consent from such End Users for the processing of AWS Entity Resolution Content and the storage, use, and transfer of AWS Entity Resolution Content as described under this Section 59. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for notifying us in the event that any AWS Entity Resolution Content stored by AWS Entity Resolution must be deleted under applicable law.
59.4.
You will not, and will not allow any third-party to, use AWS Entity Resolution, directly or indirectly, to develop or improve a similar or competing product or service.
60. Amazon SageMaker
60.1.
You are responsible for providing legally adequate privacy notices to End Users of your products or services that use Amazon SageMaker Data Agent and/or Amazon SageMaker AI (including End Users in your private workforce when using Amazon SageMaker Ground Truth) and obtaining any necessary consent from such End Users.
60.2.
Neither Amazon SageMaker AI nor Amazon SageMaker Data Agent are intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage. You are responsible for liability that may arise in connection with any such uses.
60.3.
Amazon SageMaker AI
60.3.1.
Your use of the NVIDIA Corporation’s software, toolkits and drivers is subject to the terms and conditions of the
NVIDIA Cloud End User License Agreement
.
60.3.2.
When using the public workforce of Amazon SageMaker Ground Truth: (a) you may not provide datasets that contain protected health information, personally identifying information, or other personal data, (b) you may not provide datasets that contain adult content without marking it as containing adult content, and (c) you acknowledge and agree that Your Content provided to the public workforce may be moved outside of the AWS region where you are using Amazon SageMaker Ground Truth.
60.3.3.
Amazon SageMaker Clarify uses statistical analysis techniques to generate metrics that can be used to evaluate statistical bias in data and machine learning models, and to explain how models generate predictions. The output provided by Amazon SageMaker Clarify is not determinative of the existence or absence of statistical bias, or a comprehensive answer for how a model generates predictions. Such output is not legal advice and should be independently evaluated as appropriate for your use case.
60.3.4.
Amazon SageMaker Edge Manager collects performance and usage metrics and data regarding your use of the Service, including model version, inference and upload times, and diagnostic data. We may use these metrics and data to improve the quality and feature sets of the Services and AWS Content.
60.3.5.
We may change SageMaker AI Savings Plan (“SM AI Savings Plan”) pricing or terminate the program at any time. Any price changes will not apply to previously purchased SM AI Savings Plans. All amounts paid in connection with SM AI Savings Plans are nonrefundable, except that if we terminate the Agreement other than for cause, or terminate the SM AI Savings Plan program, we will refund you a pro rata portion of any up-front fee paid. SM AI Savings Plans are nontransferable and noncancellable, so you will be charged for the duration of the term you selected, even if you terminate the Agreement. Upon expiration or termination of the term of SM AI Savings Plans, the reserved pricing will expire and standard on-demand usage prices will apply. You are responsible for determining if you are subject to any limitations arising from the purchase or use of the SM AI Savings Plan and for complying with any applicable laws, policies, terms or conditions governing your payment of up-front fees, including any fiscal or appropriation laws, or other policies or restrictions governing up-front payments for goods or services.
60.3.6.
Amazon SageMaker Studio Lab
(i) You acknowledge that we may store your Content that is processed by Amazon SageMaker Studio Lab in AWS regions outside the AWS region where you are using Amazon SageMaker Studio Lab.
(ii)
Amazon SageMaker Studio Lab is provided for training and educational purposes and is not intended for production workloads. AWS may modify your ability to access or use Amazon SageMaker Studio Lab at any time, including any usage or resource limits. Access to Amazon SageMaker Studio Lab features and compute resources, including CPUs and GPUs, are not guaranteed.
(iii) If during the previous 3 months you have registered no usage of your Amazon SageMaker Studio Lab account, we may delete your Amazon SageMaker Studio Lab account and any associated Content upon 30 days prior notice to you. Deleting your Amazon SageMaker Studio Lab account permanently and automatically deletes the information associated with your account and any associated Content.
(iv)
For purposes of your use of Amazon SageMaker Studio Lab, Amazon Web Services, Inc. is the AWS Contracting Party under the Agreement.
60.3.7.
For purposes of your use of Amazon SageMaker Partner AI Apps, Amazon Web Services, Inc. is the AWS Contracting Party under the Agreement.
60.3.8.
You will have exclusive use of the customized Nova model(s) you create using SageMaker Training Jobs, SageMaker Hyperpod, or Amazon Nova Forge (the latter, “Amazon Nova Forge Models”). We will not access or use your customized model except as necessary to maintain or provide those Services, or as necessary to comply with the law or a binding order of a governmental body.
60.3.9.
As part of providing the Service, deployment of Amazon Nova Forge Models in Amazon SageMaker Inference may use automated abuse detection mechanisms designed to detect harmful content, including related to potential violations of our or third-party model providers’ terms of service or acceptable use policies. If these mechanisms detect apparent child sexual abuse material, you agree and instruct that we may report the incident to the National Center for Missing and Exploited Children or other authority. See
here
for more details about abuse detection used by SageMaker Inference when deploying Amazon Nova Forge Models and related information sharing with third parties.
60.4. Amazon SageMaker Data Agent
60.4.1.
“Amazon SageMaker Data Agent Content” means Your Content that is processed by Amazon SageMaker Data Agent.
60.4.2.
Amazon SageMaker Data Agent outputs should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output. You and your End Users are responsible for all decisions made, advice given, actions taken, and failures to take action in connection with Amazon SageMaker Data Agent.
60.4.3.
You agree and instruct that for Amazon SageMaker Data Agent: (a) we may use and store Amazon SageMaker Data Agent Content that is processed by Amazon SageMaker Data Agent to develop and improve Amazon SageMaker Data Agent and its underlying technologies; (b) we may use and store Amazon SageMaker Data Agent Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial-intelligence technologies; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store Amazon SageMaker Data Agent Content in an AWS region outside of the AWS region where you are using Amazon SageMaker Data Agent. You may instruct AWS not to use and store Amazon SageMaker Data Agent Content processed by Amazon SageMaker Data Agent to develop and improve Amazon SageMaker Data Agent or technologies of AWS or its affiliates by configuring an opt-out policy using AWS Organizations. You are responsible for notifying us in the event that any Amazon SageMaker Data Agent Content stored by Amazon SageMaker Data Agent must be deleted under applicable law.
60.4.4.
You will not, and will not allow any third-party to, use Amazon SageMaker Data Agent to, directly or indirectly, develop or improve a similar or competing product or service.
61. AWS AppSync
You agree not to and will not attempt to perform any network discovery or load testing of Your Content inside AWS AppSync unless expressly authorized by us in writing.
62. AWS Telco Network Builder
AWS Support.
You will remain enrolled in
Business Support
or better during the entire period of your use of AWS Telco Network Builder.
63. Database Savings Plans
We may change Database Savings Plan ("DB Savings Plan") pricing or terminate the program at any time. Any price changes will not apply to previously purchased DB Savings Plans. All amounts paid in connection with DB Savings Plans are nonrefundable, except that if we terminate the Agreement other than for cause, or terminate the DB Savings Plan program, we will refund you a pro rata portion of any up-front fee paid. DB Savings Plans are nontransferable and noncancellable, so you will be charged for the duration of the term you selected, even if you terminate the Agreement. Upon expiration or termination of the term of DB Savings Plans, the reserved pricing will expire and standard on-demand usage prices will apply. You are responsible for determining if you are subject to any limitations arising from the purchase or use of the DB Savings Plan and for complying with any applicable laws, policies, terms, or conditions governing your payment of up-front fees, including any fiscal or appropriation laws, or other policies or restrictions governing up-front payments for goods or services.
64. Amazon FSx
64.1
. Amazon FSx for Windows File Server. Use of Microsoft Software on Amazon FSx for Windows File Server is subject to Section 5.1 above. Microsoft is an intended third-party beneficiary of this Section 64.1, with the right to enforce its provisions.
64.2.
Amazon FSx for NetApp ONTAP. AWS may share Account Information, logs or other usage information with NetApp to enable NetApp to provide technical and sales support.
65. AWS Security Assurance Services
65.1.
“AWS Security Assurance Services” are advisory and consulting services that AWS provides under a statement of work (“SOW”) to help you run regulated data workloads using other Services. AWS Security Assurance Services are provided by AWS Security Assurance Services LLC (“SAS”) or certain of its affiliates. SAS is an affiliate of AWS. AWS Security Assurances Services are “Services” for the purposes of the Agreement.
65.2.
SAS or any of its affiliates may enter into a SOW with you to provide AWS Security Assurance Services. For the purposes of each SOW, the term “SAS” in the SOW and the term “AWS” or “SAS” in the Agreement refer only to the SAS entity that executes the SOW, and no other AWS or SAS entity has any obligations under such SOW. Each SOW (together with the Agreement as amended by such SOW) is intended by the parties as a final, complete and exclusive expression of the terms of their agreement and supersedes all prior agreements and understandings (whether oral or written) between the parties with respect to the subject matter of that SOW.
65.3.
SAS, or one of its affiliates on behalf of SAS, will invoice you monthly for the AWS Security Assurances Services. Payments for AWS Security Assurances Services are not refundable.
65.4.
SAS does not provide legal advice. You are responsible for making your own assessment of whether your use of the Services meets applicable legal and regulatory requirements.
65.5.
Other than Third Party Content, Content that SAS provides as part of the AWS Security Assurance Services is AWS Content. You are solely responsible for testing, deploying, maintaining and supporting Content provided or recommended by SAS.
65.6.
SAS may develop Content consisting of either (a) documents and diagrams (“Documents”) or (b) software (in source or object code form), sample code, or scripts (“Software”) for you as part of the AWS Security Assurance Services (such Documents and Software, “Developed Content”). Subject to any non- disclosure agreement in effect between you and SAS, SAS is not precluded from developing, using, or selling products or services that are similar to or related to the Developed Content. Any Developed Content provided to you by SAS as part of the AWS Security Assurance Services under a SOW is licensed under the following terms:
SAS licenses any Documents to you under the Creative Commons Attribution 4.0 International License (CC-BY 4.0); and
SAS licenses any Software to you under the Apache License, Version 2.0.
65.7.
Some Developed Content may include AWS Content or Third Party Content provided under a separate license. In the event of a conflict between Section 65.6 above and any separate license, the separate license will control with respect to such AWS Content or Third Party Content.
65.8.
Any materials or information that you own or license from a third party and provide to SAS for the purposes of the AWS Security Assurance Services are Your Content.
66. AWS Data Transfer Terminal
66.1.
To use AWS Data Transfer Terminal, You connect Your storage device(s) to fiber connections that allow You to send data to Your AWS storage resources. These fiber connections are located in facilities with existing AWS-owned routers that are networked to AWS’s global network. These facilities, and the fiber between the AWS Data Transfer Terminal connection points and the AWS network router, may be owned and/or managed by our colocation providers. You and/or your designees may be asked to sign, accept, or otherwise agree to those colocation providers' terms, policies, and/or procedures as a condition of accessing an AWS Data Transfer Terminal facility, and you agree to comply with any such terms, policies, and/or procedures.
66.2.
You are solely responsible for applying appropriate security measures to Your data prior to and during Your use of the AWS Data Transfer Terminal Service, including but not limited to encrypting Your data in transit and not allowing unauthorized access to Your devices or an AWS Data Transfer Terminal facility.
66.3.
In order to provide the AWS Data Transfer Terminal Service, AWS collects personal information, such as names, of You and your designees (who will be entering the AWS Data Transfer Terminal facility) and shares that information with our colocation providers to grant physical access to the space(s). You are responsible for providing legally adequate privacy notices to your designees and obtaining necessary consents from them for the processing of such data.
66.4.
You will defend and indemnify AWS and its Affiliates for any and all claims, damages, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to Your or your designees’ actions while at or inside an AWS Data Transfer Terminal facility.
66.5.
You will reasonably cooperate with us to identify the source of any problem with AWS Data Transfer Terminal or related AWS Services that we reasonably believe may be attributable to Your or your designees' actions at or inside a Data Transfer Terminal facility.
67. AWS Training
67.1.
“AWS Training” equips individual learners and enterprises with the skills to use, build, and innovate using the cloud, and includes instructor-led training, self-paced digital training, hands-on labs, enterprise training deployment, and other learning content and sessions provided by AWS. Specific categories of AWS Training such as instructor-led classes (“Classroom Training”), self-paced digital training (“Digital Training”), and training deployment support (“Enterprise Skills Transformation” or “EST”), are detailed in sections below. References to “AWS” in any order for AWS Training (an “Order”) mean: (a) the applicable AWS Contracting Party as defined in the Agreement, or (b) for Classroom Training provided in certain jurisdictions, the local AWS Contracting Party listed in the
Special Provisions for Certain Jurisdictions
.
67.2. Payment
67.2.1
Prepayment. Prepayment for enterprise AWS Training is available in those countries listed on the AWS Site. If you opt to prepay, you agree to pay the amount listed in your Order and applicable taxes (“Prepaid Funds”) by the prepayment invoice due date. If you do not prepay by the prepayment invoice due date, AWS will cancel the prepayment invoice and you will pay as described in the Agreement. Prepaid Funds are non-refundable and expire at the end of the term in the applicable Order.
67.3.
Classroom Training
67.3.1.
Individual Classroom Training. To access Classroom Training as an individual, you must create an AWS Training account as directed on the AWS Site, and register for a public class. Once you have registered, AWS will provide you with instructions on how to access the class, the course materials, and any lab environment. You may withdraw from a class by visiting your AWS Training account and withdrawing from the class in your transcript. If a refund is available, you will be informed at the time of withdrawal.
67.3.2.
Enterprise Classroom Training. Either you or AWS may request to reschedule or cancel an enterprise Classroom Training class at least 14 days before the class start date. If you request to reschedule or cancel a class less than 14 days before the class start date, AWS may bill you the fee listed in your Order for the canceled class excluding discounts, credits or other funding, incurred travel expenses listed in your Order, and applicable taxes. If you make a timely rescheduling request but AWS is unable to reschedule, you may keep the original class start date, or AWS will cancel the class at no charge. If AWS makes a timely rescheduling request but you are unable to reschedule, AWS will cancel the class at no charge. The maximum number of individuals you may enroll in an enterprise Classroom Training class is 25.
67.3.2.1.
Vouchers. Vouchers for Classroom Training are non-refundable, non-transferable, and may not be resold, licensed, rented, or redeemed for cash. Vouchers must be used before the expiration date listed in your Order, and AWS will bill you for unused vouchers after the vouchers expire. AWS reserves the right to invalidate or reject any voucher without issuing any refund if AWS suspects that it was obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of this Section. As of the date the vouchers are emailed to the contact address listed in the Order, you are solely responsible for any voucher that is lost, stolen, or used without your permission. You may distribute vouchers only to learners who are your employees, affiliates' employees, or contractors who are aware of, and comply with, the restrictions described in this Section.
67.4.
Digital Training
67.4.1.
Access and Fees. Subscribers to Digital Training on the AWS Site may access and participate in self-paced trainings on the AWS Site an unlimited number of times during their subscription. From time to time, we may add or remove Digital Trainings from the AWS Site and we make no guarantee as to the availability of specific Digital Trainings or the minimum number of Digital Trainings available. If your subscription ends, you will no longer have access to the Digital Trainings you selected from the AWS Site. The service fees for Digital Training subscriptions are stated on the AWS Site. From time to time, we may offer different subscription lengths, and the subscription service fees may vary. Subscription service fees may be subject to tax and are non-refundable except as expressly set forth in this section.
67.4.2.
Individual Subscription. You may cancel your individual subscription by visiting your account and adjusting your subscription settings. If you cancel your individual subscription, you will not receive a refund of any subscription fees already paid and the subscription will remain active until the end of the current pay period. You may not transfer or assign your subscription or any Digital Training benefits.
67.4.3.
Team Subscription. For an Order of 5 or more subscriptions (“Seats”) to Digital Training on the AWS Site (a “Team Subscription”), you must provide AWS all reasonably necessary setup information within 5 business days of your Order’s effective date, or as otherwise specified in your Order. The Team Subscription provides you access to your Seats on the date AWS gives your learning administrator(s) access for the period listed in your Order. If you inform your AWS training representative in writing within 2 business days of the start date that you do not have access to your Seats, your Team Subscription will not start until AWS confirms you have access. Seats may only be used by a single person for the entire term of the Team Subscription, except that you may reassign up to the percentage of Seats described in your Order within your organization during the term of the Team Subscription.
67.4.3.1.
Additional Seats. You may purchase additional Seats under your existing Team Subscription by contacting your AWS Training representative as described on the AWS Training detail page on the AWS Site. Your start date for additional Seats begins when AWS gives your learning administrator(s) access, and any additional Seats purchased will expire at the end of your existing Team Subscription. Fees for additional Seats are calculated pro-rata based on the time remaining in your existing Team Subscription.
67.4.4.
Auto-Renewal. Unless you notify us before a charge that you want to cancel or do not want to auto renew, your Digital Training subscription will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription service fees and any taxes, using any payment method we have on record for you. We may change the Digital Training subscription service fee from time to time by notifying you of the change and effective date before it takes effect. You may reject the change by cancelling your subscription at no additional cost at any time before a subscription service fee change takes effect. From time to time we may also offer non-recurring subscriptions. The provisions in this section regarding automatic renewal are not applicable to those subscriptions.
If all payment methods we have on file for you are declined for payment of your subscription service fees, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method that is successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
67.5. Enterprise Skills Transformation
67.5.1.
Access. To enable EST support and guidance, AWS may require access to your internal communication systems including but not limited to email, instant messaging, and other systems related to such access as identified by you (“Customer Systems”). When accessing Customer Systems, AWS agrees to comply with your reasonable policies and procedures, to the extent such policies and procedures are (i) applicable to such access and use, and (ii) do not conflict with the Agreement. Subject to your prior approval, you will arrange for AWS to have reasonable access to your Customer Systems to the extent required to enable EST, and at no additional cost to AWS. You may revoke your access approval at any time. AWS is not responsible for any failure to perform caused by your revocation of AWS’ access to your Customer Systems.
67.5.2.
Cancellation. Either you or AWS may cancel your EST engagement with 15 days written notice, which may be via email. AWS will charge you for the full month during which the cancellation takes effect.
68. AWS Certification
“AWS Certification Program” means the program through which AWS makes available professional certifications and other credentials in connection with the Services. The AWS Certification Program is a “Service” for purposes of the Agreement. To participate in the AWS Certification Program, you must agree to the
Certification Program Agreement
(“CPA”). To the extent there is a conflict between the Agreement and the CPA, the CPA controls.
69. Migration Evaluator
Migration Evaluator collects performance and usage metrics and data about your virtual machine image(s) and IT infrastructure; software packages and applications; system, equipment, and application configuration, processes and performance; network configurations, communications and dependencies; and the installation and operation of Migration Evaluator and its components. We may use these metrics and data to provide, maintain, and improve the quality and feature sets of the Services and AWS Content.
70. AWS Config
If you enable a third-party recorder in Config, you agree and instruct that: (a) we may use and store your Config Content to develop and improve AWS Config and its underlying technologies; (b) we may use and store Config Content that is not personal data to develop and improve related AWS security and observability services; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store such Config Content in an AWS region outside the AWS region where you are using AWS Config. You may instruct AWS not to use and store Config Content to develop and improve AWS Config or other related AWS security and observability services by configuring an AI services opt-out policy using AWS Organizations. "Config Content" means resource configuration data processed by Config in connection with third-party recorders.
71. AWS Cloud WAN
71.1.
AWS Cloud WAN in Japan is sold and provided by AMCS LLC, an affiliate of AWS, and not AWS, but is otherwise subject to the terms of the Agreement.
71.2.
AWS Cloud WAN in Singapore is sold and provided by AMCS SG PRIVATE LIMITED, an affiliate of AWS, and not AWS, but is otherwise subject to the terms of the Agreement.
71.3.
Your use of AWS Cloud WAN in South Korea is subject to the applicable
Country Specific Communications Service Terms
.
72. AWS CodeStar Notifications
AWS CodeStar Notifications utilizes one or more of the following: Amazon Simple Notification Service (Amazon SNS), Amazon Simple Email Service (SES), and/or AWS Chatbot. If utilized, your use of AWS CodeStar Notifications is also subject to the terms that govern those Services.
73. AWS Data Exchange
73.1.
The
Service Terms for AWS Marketplace Sellers
apply to your use of AWS Data Exchange. Your use of Content obtained through AWS Data Exchange remains subject to the AWS Acceptable Use Policy, even if used outside of our Services.
73.2.
You may not use any Content obtained through AWS Data Exchange that was anonymized, de-identified, or otherwise disassociated from an identifiable person in any manner that would attempt to re-identify, de-anonymize, or otherwise associate such Content with an identifiable person.
73.3.
If we remove your Data Offering (as defined in the
Service Terms for AWS Marketplace Sellers
), then we may also cancel any current associated subscriptions if we determine, in our sole discretion, that your Data Offering: (a) poses a security risk to us or a Subscriber (as defined in the
Service Terms for AWS Marketplace Sellers
); (b) could subject us, our affiliates, or any third party to liability; (c) could be fraudulent; or (d) violates the AWS Marketplace Service Terms.
73.4.
Except as agreed to in writing between you and the respective Subscriber, otherwise permitted by law, in addition to any other restrictions on your use of Subscriber Information (as defined in the
Service Terms for AWS Marketplace Sellers
) in the Service Terms for AWS Marketplace Sellers, you may only use Subscriber Information for compliance verification in connection with Subscribers acquiring rights to the underlying content of your Data Offerings.
73.5.
You represent and warrant to us that to the extent your Data Offerings contains any data that (i) identifies or can be used by a Subscriber or other third party to identify a natural person; or (ii) otherwise may be deemed to be personal data or personal information under applicable laws or regulations with respect to the Subscriber, then such data (a) has already lawfully been made available to the general public, such as via governmental records, widely distributed media, or legally required public disclosures; and (b) does not include sensitive data or sensitive information about an individual or shall not otherwise be deemed to be sensitive data or sensitive information under applicable laws and regulations, including without limitation, information relating to biometric or genetic data, health, racial or ethnic origin, political opinions, religious or philosophical beliefs, sex or sexual orientation, trade union membership, or personal payment or sensitive personal data.
73.6.
If you do not specify license rights for your Data Offerings, you agree to license your Data Offerings under the terms of the template Data Subscription Agreement available at
https://aws.amazon.com/marketplace/features/standardized-contracts
.
73.7.
Your use of AWS Data Exchange is subject to the fees described in the
AWS Data Exchange User Guide
.
74. AWS End of Support Migration Program for Windows Server
74.1.
The AWS End of Support Migration Program (EMP) for Windows Server Service, including any tools provided for the EMP Service (which are AWS Content), may be used solely for the purpose of migrating Your applications or other Content to Amazon EC2 or other AWS Services.
74.2.
You acknowledge that the EMP Service is designed to migrate your applications and other Content to AWS Services and you may not use the EMP Service, including any tools provided for the EMP Service, for ongoing use outside of the AWS Services (e.g., on your on-premises systems), except that you may temporarily run your applications or other Content on your on-premises systems utilizing the EMP Service for up to 30 days to verify functionality prior to migration.
74.3.
You consent to the collection and provision of the data collected by the EMP Service and its associated software and components, including information about your virtual machine image(s); software packages; system, equipment, and application configuration, processes and performance; network configurations, communications and dependencies; relationships between the foregoing; and information about the installation and operation of the EMP Service and its associated software and components (“Migration Information”). Migration Information may be used to improve the quality and feature set of the Services.
75. Amazon Fraud Detector
75.1.
AWS is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”), or the equivalent under similar laws, and Amazon Fraud Detector does not include or provide “consumer reports” as defined in the FCRA. You may not use Amazon Fraud Detector to determine any person’s financial status, financial history, creditworthiness, or eligibility for insurance, housing, or employment.
75.2.
You will not, and will not allow any third-party to, use Amazon Fraud Detector to, directly or indirectly, develop or improve a similar or competing product or service.
75.3.
You agree and instruct that: (a) we may use, and store Your Content that is processed with Amazon Fraud Detector (“Fraud Detector Content”) to develop and improve the Service and its underlying technologies; (b) we may use and store Fraud Detector Content that is not personal data to develop and improve other AWS fraud prevention services; and (c) solely in connection with the usage and storage described in clauses (a) and (b), we may store such Content in an AWS region outside of the AWS region where you are using Amazon Fraud Detector. By following a process we provide you, you may instruct AWS not to use or store Your Content processed by Amazon Fraud Detector to develop and improve Amazon Fraud Detector or other AWS fraud prevention services.
76. Amazon Augmented AI
76.1.
You are responsible for providing legally adequate privacy notices to End Users of your products or services that use Amazon Augmented AI (including End Users in your private workforce) and obtaining all necessary consents from such End Users. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents.
76.2.
When using the Amazon Mechanical Turk workforce of Amazon Augmented AI: (a) you may not provide data or content that contains protected health information or other information that is identifiable to a specific person, and (b) you acknowledge and agree that Your Content provided to the Amazon Mechanical Turk workforce may be moved outside of the AWS region where you are using Amazon Augmented AI.
76.3.
When using the third party vendor workforce option of Amazon Augmented AI, you are responsible for ensuring that the vendor meets any compliance requirements applicable to any personal data or confidential information in your data or content. You may not share data or content that contains protected health information with the third party vendor workforce.
77. AWS Private Certificate Authority
77.1. AWS Private Certificate Authority Connector for SCEP (Preview).
When you use AWS Private CA Connector for SCEP (Preview) with Microsoft Intune, certain functionalities are enabled by accessing Microsoft Intune through Microsoft APIs. Your use of the AWS Private CA Connector for SCEP and accompanying AWS Services does not remove your need to have a valid license for your use of the Microsoft Intune service.
78. Wavelength Zones/Local Zones
For the Service Level Agreements applicable to any Services or Service workloads that you run in Wavelength Zones or Local Zones, Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for the individual Service that runs in the affected Wavelength Zones or Local Zones, respectively, for the monthly billing cycle in which the unavailability occurred.
79. Amazon Braket
79.1.
If you use Amazon Braket to access quantum computing hardware operated by one of the third-party hardware providers listed
here
(each a “Hardware Provider”), you: (1) acknowledge that the Content you provide in connection with your use of Amazon Braket may be processed by the Hardware Provider outside of facilities operated by AWS; and (2) authorize AWS to transfer such Content to the Hardware Provider for processing.
79.2.
We may change, deprecate or discontinue any Service offering that relates to services offered by any Hardware Provider at any time. We will provide you with prior notice of any deprecation or discontinuation of such a service offering where practicable under the circumstances.
80. Amazon Elastic Container Registry Public
80.1.
Amazon Elastic Container Registry Public (Amazon ECR Public) is a public registry that allows you to upload and share Content that anyone with or without an AWS account (“Registry Users”) can download and use. In order for you to upload and share Content through Amazon ECR Public, you must grant AWS and Registry Users a license to the Content in accordance with Sections 80.2 and 80.3 below.
80.2.
By uploading Content to Amazon ECR Public, you hereby grant AWS and its Affiliates a worldwide, non-exclusive, fully paid-up, royalty-free license to store, parse, copy, reproduce (including by making mechanical reproductions), reformat, transmit, display, and perform the Content in connection with providing Amazon ECR Public, and, with respect to any Third-Party Content you upload that is subject to an open source or Third-Party Content license, you represent and warrant that the terms for such Third-Party Content permit AWS and its Affiliates to store, parse, copy, reproduce (including by making mechanical reproductions), reformat, transmit, display, and perform the Content in connection with providing Amazon ECR Public.
80.3.
You may specify the terms under which you license Your Content to Registry Users. If you do not specify such terms when you upload Your Content, you hereby grant to any other Registry User a non-exclusive license to access, download, use, modify or otherwise exploit Your Content for any personal or business purposes. If you upload and share any Third-Party Content to Amazon ECR Public, you are responsible for ensuring that you have the rights and licenses necessary to do so.
81. Industrial AI Services
81.1.
“Industrial AI Services” means, collectively, Amazon Lookout for Vision, Amazon Lookout for Equipment, Amazon Monitron, and AWS Panorama. “Industrial AI Content” means Your Content that is processed by an Industrial AI Service.
81.2.
Industrial AI Services use machine learning models that generate predictions based on patterns in data. Output generated by a machine learning model is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output. Output provided by Amazon Lookout for Equipment and Amazon Monitron should not be used as a substitute for regular, scheduled maintenance on machinery and equipment. You and your End Users are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of Industrial AI Services.
81.3.
You agree and instruct that for Amazon Lookout for Vision, Amazon Lookout for Equipment and Amazon Monitron: (a) we may use and store Industrial AI Content that is processed by each of the foregoing Industrial AI Services to develop and improve the applicable Industrial AI Service and its underlying technologies; (b) we may use and store Industrial AI Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial-intelligence technologies; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store such Industrial AI Content in an AWS region outside of the AWS region where you are using such Industrial AI Service. You may instruct AWS not to use and store Industrial AI Content processed by an Industrial AI Service to develop and improve that Service or technologies of AWS or its affiliates by (i) for Amazon Monitron, contacting AWS Support and following the process provided to you, and (ii) for Amazon Lookout for Vision and Amazon Lookout for Equipment, by configuring an AI services opt-out policy using AWS Organizations.
81.4.
You are responsible for providing legally adequate privacy notices to End Users of your products or services that use any Industrial AI Service and obtaining any necessary consent from such End Users for the processing of Industrial AI Content and the storage, use, and transfer of Industrial AI Content as described under this Section.
81.5.
You will not, and will not allow any third-party to, use Industrial AI Services to, directly or indirectly, develop or improve a similar or competing product or service. The foregoing does not apply to AWS Panorama to the extent you are developing hardware appliances that integrate with AWS Panorama, to Amazon Lookout for Equipment, or to Amazon Monitron.
81.6.
Industrial AI Services are not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily 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.
81.7.
Notwithstanding any other provision of the Agreement, you may incorporate into your programs or applications, and distribute as incorporated in such programs or applications, the binary code that we distribute for Industrial AI Services with the AWS Mobile SDKs.
82. Amazon Location Service
82.1.
When you use a feature of Amazon Location Service that is identified to you as being provided by a third-party geolocation service provider listed
here
(each such feature, including Maps, Places, and Routing, a “
Geolocation Provider Feature
,” and each such provider, a "
Geolocation Provider
”), you authorize AWS to transmit your request parameters (e.g., location searches) to the Geolocation Provider for processing which may be outside of the AWS region in which your request was made. However, any Open Data requests will be processed by AWS in the AWS region in which your request was made.
82.2.
Location Data provided through Amazon Location Service should be evaluated for accuracy as appropriate for your use case. You are responsible for making your own assessment of whether your use of Amazon Location Service meets applicable legal and regulatory requirements. You and your End Users are solely responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of Amazon Location Service.
82.3.
AWS may change, deprecate, or discontinue any Geolocation Provider or Geolocation Provider Feature at any time upon notice to you. We will provide you with prior notice of any deprecation or discontinuation of a Geolocation Provider or Geolocation Provider Feature where practicable under the circumstances.
82.4.
For Geolocation Providers other than Open Data, you may not:
a. Scrape, systematically collect, duplicate, store, or cache the data provided to you from Amazon Location Service (e.g., map tiles, forward and reverse geocodes, routes, drive times/isochrones, and other data) (collectively, “Location Data”), including for the purpose of avoiding use of Amazon Location Service, except that you may store or cache:
(i) route results for up to 30 days when you use HERE or Esri as your Geolocation Provider (other than as prohibited in Section 82.5.a),
(ii) geocoding and reverse-geocoding results (other than as prohibited in Section 82.5.a) when you indicate the result will be stored in the API parameter, or
(iii) any Location Data to comply with legal or regulatory requirements.
b. Use Location Data to create or offer a product or service with features that are similar to the services of the Geolocation Providers, where such product or service does not contain substantial, independent value and features beyond the services of the Geolocation Providers.
c. Incorporate Amazon Location Service, including any Location Data, into any integrated in-vehicle infotainment system, any systems for autonomous control of the vehicle, or any real-time dynamic routing or route optimization applications installed on in-vehicle hardware. In-vehicle mobile device applications, including ones mirroring onto a vehicle’s onboard display system, are permitted.
d. Use, incorporate, modify, distribute, provide access to, or combine any Location Data in a manner that would subject the Location Data to open-source or open-database license terms that require any part of the Location Data to be disclosed to third parties, licensed to third parties for the purpose of making derivative works, or redistributed to third parties at no charge.
e. Use Location Data to develop paper maps or an atlas (digital or otherwise) for purposes of sale or distribution to others.
f. Place your company name or marks, or any third-party advertisements, on or in the Location Data (e.g., on a map display).
82.5.
In addition to the restrictions in Section 82.4, if you use HERE as your Geolocation Provider, you may not:
a. Store or cache any Location Data for Japan, including any geocoding or reverse-geocoding results.
b. Layer routes from HERE on top of a map from another third-party provider, or layer routes from another third-party provider on top of maps from HERE.
82.6.
In addition to the restrictions in Section 82.4, if you use Esri as your Geolocation Provider, you may not, without our express written consent, use any of its Geolocation Provider Features for asset management or asset tracking use cases (i.e., to locate, track, or route any vehicles, cargo, personnel, or other assets that you use in your business).
82.7.
You may not use Amazon Location Service for any hazardous, unsafe, or illegal activities, including any use in, or association with, any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage. You are solely responsible for all liability that may arise in connection with any such use.
82.8.
We may suspend or terminate your access to, or limit your use of, Amazon Location Service immediately upon notice to you, if we reasonably determine you are using Amazon Location Service in violation of our terms, including in any manner intended to avoid incurring appropriate usage fees or in violation of applicable law or order of a governmental body.
82.9.
Open Data uses OpenStreetMap data.
OpenStreetMap
is licensed under the Open Data Commons Open Database License (ODbL) by the OpenStreetMap Foundation. You agree to comply with the ODbL and acknowledge the attribution and share-alike provisions therein.
82.10.
Attribution for Location Data can be found
here
. You must pass through attribution for Location Data that you make available to others via your application or its product documentation. If any Location Data has attribution details attached or incorporated, you may not remove, modify, or obscure (or permit any End Users to remove, modify, or obscure) any copyright, trademark notice, restrictive legend, or other proprietary right notices supplied to you.
82.11. Amazon Location Service Address Validation Feature.
The following terms apply to the Amazon Location Service Address Validation feature (the “Address Validation Feature”):
82.11.1.
Data returned from the Address Validation Feature (“Address Validation Data”) is Location Data. The Address Validation Feature is not a Geolocation Provider Feature and is not provided by a Geolocation Provider.
82.11.2.
You may use Address Validation Data only for your own business purposes and you may not:
a. Resell any Address Validation Data.
b. Use Address Validation Data to develop (or assist in the development) of a database of geospatial data containing the following information and attributes: (i) road geometry and street names; or (ii) routing attributes that enable turn-by-turn navigation on such road geometry; or (iii) latitude and longitude of individual addresses and house number ranges.
c. Use Address Validation Data for in-flight or drone navigation.
d. Reverse engineer, decompile, attempt to reconstruct, scrape, systematically collect, or duplicate Address Validation Data. For clarity, you may store or cache Address Validation Data.
82.11.3.
The Address Validation Feature provides location data from postal authorities that subject use of the location data to additional terms (“Postal Authority Terms”). Accordingly, your use of the Address Validation Feature is subject to the
Postal Authority Terms
.
83. AWS Managed Services
83.1
. If you request that AWS Managed Services be provided for any software or service that is not expressly identified as supported in the AWS Managed Services user guides posted on the AWS Site (“Customer-Requested Configuration”), any AWS Managed Services provided for such Customer-Requested Configuration will be treated as a “Beta Service” under these Service Terms.
83.2.
You represent and warrant to AWS that the person requesting any of your AWS accounts to be an AWS Managed Services Account (as defined in the AWS Managed Services user guides posted on the AWS Site) is authorized to make such requests and procure AWS Managed Services on your behalf and with respect to such AWS accounts.
83.3.
AWS and its affiliates will not be liable to you for any damages arising from (a) AWS’s actions taken pursuant to any instructions or requests that you provide or approve, (b) you not following an instruction or recommendation from AWS, (c) your delay or withholding of approval for AWS to take a requested action, or (d) any change by you to your Managed Environment (as defined in the AWS Managed Services user guides posted on the AWS Site).
84. Amazon FinSpace
Amazon FinSpace is a tool to help you analyze data for investment and business decisions. It is not a substitute for the judgment and experience of the user when making investment and business decisions. Amazon FinSpace does not provide investment advice, make investment recommendations or evaluate the suitability of any investment or investment strategy.
85. Amazon Elastic Kubernetes Service Anywhere (Amazon EKS Anywhere) Support
85.1.
You must purchase AWS Enterprise Support in order to subscribe to Amazon EKS Anywhere Support. Payments for subscriptions to Amazon EKS Anywhere Support are not refundable.
85.2.
Each Amazon EKS Anywhere Support Subscription may only be applied to one Amazon EKS Anywhere cluster.
85.3.
We may request that you implement specific updates and provide us with Account Information, logs or other usage information so that we can provide you Amazon EKS Anywhere Support and verify your Support Subscription. If you request support for Isovalent’s software, such as Cilium, we may share your Account Information, logs or other usage information with Isovalent to provide technical support.
86. AWS DeepRacer Student
86.1.
You acknowledge that we may store your Content that is processed by AWS DeepRacer Student in AWS regions outside the AWS region where you are using AWS DeepRacer Student.
86.2.
If you participate in AWS DeepRacer Student competitions or related activities (including preseason exhibitions), AWS may publicly share your username, avatar, and performance results, such as via leaderboards, blog posts, and social media.
86.3.
AWS DeepRacer Student is provided for training and educational purposes and is not intended for production workloads. AWS may modify your ability to access or use AWS DeepRacer Student at any time, including any usage or resource limits. Access to AWS DeepRacer Student features and compute resources, including CPUs and GPUs, are not guaranteed.
86.4.
If during the previous 12 months you have registered no usage of your AWS DeepRacer Student account, we may delete your AWS DeepRacer Student account and any associated Content upon 30 days prior notice to you. Deleting your AWS DeepRacer Student account permanently and automatically deletes the information associated with your account and any associated Content.
86.5.
For purposes of your use of AWS DeepRacer Student, Amazon Web Services, Inc. is the AWS Contracting Party under the Agreement.
86.6.
You must be a student in high school or a higher education institution, and at least 16 years old, to use AWS DeepRacer Student. If you are under 18 years of age, or the age of majority in your location, you may use AWS DeepRacer Student only with involvement of a parent or guardian who agrees to be bound by these Service Terms.
87. Amazon GuardDuty
87.1.
“Malware Content” is Your Content that the Amazon GuardDuty Malware Protection feature processes and identifies as being malicious or harmful.
87.2.
You agree and instruct that: (a) we may use and store Malware Content to develop and improve Amazon GuardDuty and its underlying technologies; (b) we may use and store Malware Content that is not personal data to develop and improve other AWS security services; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store such Malware Content in an AWS region outside the AWS region where you are using the Amazon GuardDuty Malware Protection feature. You may instruct AWS not to use and store Malware Content to develop and improve Amazon GuardDuty or other AWS security services by configuring an AI services opt-out policy using AWS Organizations.
87.3.
“Runtime Monitoring Content” means Your Content that is processed by the Amazon GuardDuty Runtime Monitoring feature.
87.4.
You agree and instruct that: (a) we may use and store Runtime Monitoring Content to develop and improve Amazon GuardDuty and its underlying technologies; and (b) we may use and store Runtime Monitoring Content that is not personal data to develop and improve other AWS security services. You may instruct AWS not to use and store Runtime Monitoring Content to develop and improve Amazon GuardDuty or other AWS security services by configuring an AI services opt-out policy using AWS Organizations.
88. AWS Wickr
88.1.
End Users.
88.1.1.
You may enable End Users to use AWS Wickr under your account. Termination of your account’s use of AWS Wickr may also suspend or terminate such End Users’ features or access associated with your account or organization.
88.1.2.
AWS Wickr End Users can be managed by End Users with administrative privileges (“AWS Wickr Administrators”). AWS Wickr Administrators can (a) upgrade or downgrade End Users’ AWS Wickr feature set; (b) suspend End User’s access to AWS Wickr; and (c) access information about their End Users’ use of AWS Wickr.
89. Amazon Elastic VMware Service (EVS)
89.1.
License models - Under the "bring-your-own-license" (BYOL) option, AWS Elastic VMware Service enables you to provision VMware Cloud Foundation software and add-ons ("VCF Software") on Amazon EC2 instances.
89.2.
You must be eligible to use VCF Software with AWS Elastic VMware Service under your agreements with Broadcom. You are solely responsible for obtaining all required licenses and for complying with all applicable licensing requirements.
89.3.
You acknowledge that (a) the VCF Software deployed by EVS is neither sold nor distributed to you and may only be used in conjunction with EVS, and (b) EVS requires a persistent connection to your VCF deployment through the VPC subnet you provide (“Service Access Subnet”). You will not take any action that interferes with, impedes, or prevents AWS from accessing, managing or maintaining EVS, including modifying the Service Access Subnet (as specified in the documentation).
89.4.
You will remain enrolled in Business Support or better during the entire period of your use of EVS.
89.5.
AWS may share Account Information, logs or other usage information with Broadcom to enable Broadcom to provide technical and sales support and verify license compliance.
90. AWS SimSpace
90.1.
We may change, discontinue, or deprecate support for any third-party integrations or samples at any time. We will provide you with prior notice of any deprecation or discontinuation of support for a third-party integration or sample where practicable under the circumstances.
90.2.
AWS SimSpace Weaver is designed to help customers build simulations. This may include simulation of real-world locations, scenarios, and assets, based on the simulation code and data you provide. Data generated by AWS SimSpace Weaver should be evaluated for accuracy as appropriate for your use case. You and your End Users are solely responsible for all decisions made, advice given, actions taken, and failures to act based on your use of AWS SimSpace Weaver.
91. AWS Builder ID
91.1.
If during the previous 12 months you have registered no usage of your AWS Builder ID, we may delete your AWS Builder ID upon 30 days’ prior notice.
91.2.
Upon deletion of your AWS Builder ID, you will no longer have access to Your Content through your AWS Builder ID, and such content will be deleted.
91.3.
For purposes of your use of AWS Builder ID, Amazon Web Services, Inc. is the AWS Contracting Party under the Agreement.
92. AWS Clean Rooms
92.1.
You may not use AWS Clean Rooms or any information obtained from your use of AWS Clean Rooms to identify a person or associate such information with an identifiable person, unless otherwise permitted by the applicable third-party contributor of the data.
92.2.
AWS Clean Rooms may provide you with the ability to collaborate (an “AWS Clean Rooms Collaboration”) with other AWS customers (an “Other AWS Customer”). You may configure resources to make Your Content, including a dataset and/or a custom model, available as part of an AWS Clean Rooms Collaboration. You may also disclose Your Content to, or receive Third-Party Content from an Other AWS Customer.
92.3.
Your deletion of an AWS Clean Rooms Collaboration, deletion or removal of resources configured to make Your Content available in a Collaboration, or disallowing Your Content from being used in an intermediate table, will result in termination of access to Your Content or deletion of Your Content from intermediate tables, as described in the applicable service documentation.
92.4.
Any interaction as part of an AWS Clean Rooms Collaboration will be governed by separate terms and conditions between you and such Other AWS Customer (if any).
92.5. AWS Clean Rooms ML
92.5.1.
You will not, and will not allow any third-party to, use AWS Clean Rooms ML to, directly or indirectly, develop or improve a similar or competing product or service to AWS Clean Rooms ML.
92.5.2.
AWS Clean Rooms ML is not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage. AWS Clean Rooms ML may be used in connection with supporting healthcare services but is not a medical device and is not intended to be used by itself for any clinical decision-making or other clinical use. You are responsible for liability that may arise in connection with any such uses.
93. Amazon CodeCatalyst
93.1.
When you access an Amazon CodeCatalyst Space established under another CodeCatalyst account (“Third-Party Space”), you are an End User of that CodeCatalyst account. This means, for example, that your activities within the Third-Party Space may incur fees for which that Third-Party Space owner is responsible. Additionally, Content you contribute to a Third-Party Space or Project within that Space (“Contributed Content”) as an End User is not considered Your Content for the purposes of rights and obligations under the terms of this Agreement. Subject to the non-exclusive license granted by Section 93.2, this does not modify any rights you may hold in your Contributed Content.
93.2
. Contributed Content, including issues, comments, and contributions to a Third-Party Space, may be viewed by others who have access to that Third-Party Space. Unless you enter into a license with other parties who have access to the Third-Party Space specifying different terms, you grant each party who has access to the Third-Party Space a nonexclusive, worldwide, irrevocable license to use, reproduce, prepare derivatives, distribute, perform, and display Contributed Content. You represent and warrant that you have all rights necessary to grant this license.
93.3.
When you invite another CodeCatalyst account owner to collaborate in your Space, they become an End User of your CodeCatalyst account and their Contributed Content is considered Your Content under the terms of the Agreement. You are responsible for the conduct of End Users that you invite to collaborate, including their Contributed Content, and for maintaining all End User permissions for purposes of data security and access. You are responsible for all fees you and End Users may accrue for using CodeCatalyst or any affiliated Service in connection with your Space.
93.4.
Unless you delegate administrative permissions over your CodeCatalyst Space to another CodeCatalyst account owner, you agree that termination of your CodeCatalyst account or deletion of any of Your Content or Contributed Content in your Space, whether by you or by us, may also terminate your End Users’ access to Your Content and Contributed Content in your Space. In order to access billable services within or in connection with your CodeCatalyst account, you must link an AWS account. If you delete your CodeCatalyst account but have delegated administrative permissions to another CodeCatalyst account owner, your AWS account will continue to be billed for the billable services unless you also un-link your AWS account.
93.5.
When an End User you have invited to collaborate in your CodeCatalyst Space deletes their CodeCatalyst account, their Contributed Content will not be deleted from your Space. However, identifications of that End User, including those associated with issues, comments, and Contributed Content, may be deleted.
94. Integrated Private Wireless on AWS
94.1.
AWS may stop providing the Integrated Private Wireless on AWS portal (or remove any offerings on the
Integrated Private Wireless on AWS site
(or any successor site)) at any time. We will provide you with prior notice where practicable under the circumstances.
94.2.
The offerings on the
Integrated Private Wireless on AWS site
(or any successor site) are offered by third parties and subject to separate terms and conditions specified by the respective third party. AWS has no control and makes no guarantees about such offerings.
95. AWS Diode
95.1.
AWS Diode allows You to map Your account to another Diode account (“Mapped Account”), enabling Your Content to be moved and stored by the Mapped Account to an AWS region of a different classification level. You acknowledge and agree that using the Service may result in Your Content being moved and stored in AWS regions other than the AWS regions where You initially stored Your Content.
95.2.
You are responsible for all data transferred through AWS Diode, including, but not limited to: (i) compliance with all laws, regulations, and policies related to the control, disclosure, and transfer of classified information; and (ii) transferring data only to AWS regions of appropriate classification levels. Your failure to do so may result in Amazon incurring sanitization costs for which You will be responsible, and which will be exempt from any limitations of liability in any of your agreements with AWS.
96. AWS Nitro System
AWS personnel do not have access to Your Content on AWS Nitro System EC2 instances. There are no technical means or APIs available to AWS personnel to read, copy, extract, modify, or otherwise access Your Content on an AWS Nitro System EC2 instance or encrypted-EBS volume attached to an AWS Nitro System EC2 instance. Access to AWS Nitro System EC2 instance APIs – which enable AWS personnel to operate the system without access to Your Content - is always logged, and always requires authentication and authorization.
97. Amazon Security Lake
97.1.
"Security Lake Content" is Your Content that (a) Amazon Security Lake processes or (b) is stored in Amazon Security Lake.
97.2.
You agree and instruct that: (a) we may use and store your Security Lake Content to develop and improve Amazon Security Lake and its underlying technologies; and (b) we may use and store Security Lake Content that is not personal data to develop and improve other AWS security services. You may instruct AWS not to use and store Security Lake Content to develop and improve Amazon Security Lake or other AWS security services by configuring an AI services opt-out policy using AWS Organizations.
98. Amazon Managed Blockchain
You are solely responsible for evaluating the information made available through the Amazon Managed Blockchain Query Service for accuracy as appropriate for your use case.
99. Amazon DataZone
99.1.
DataZone generates probable forecasts, insights or recommendations from Your Content, and its outputs should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output. You and your End Users are responsible for all decisions made, advice given, actions taken, and failures to take action.
99.2. Amazon DataZone Machine Learning Services.
“Amazon DataZone ML Services” means DataZone Automatic Business Name Generation and AI Recommendations for Descriptions in DataZone. “Amazon DataZone ML Content” means Your Content that is processed by an Amazon DataZone ML Service. The following terms apply to your use of Amazon DataZone ML Services:
a. You agree and instruct that: (i) we may use and store Amazon DataZone ML Content to develop and improve Amazon DataZone ML Services and their underlying technologies; (ii) we may use and store Amazon DataZone ML Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies; and (iii) solely in connection with the development and improvement described in clauses (i) and (ii), we may store your Amazon DataZone ML Content in AWS regions outside the AWS regions where you are using Amazon DataZone ML Services. You may instruct AWS not to use and store Amazon DataZone ML Content processed by Amazon DataZone to develop and improve that Service or technologies of AWS or its affiliates by configuring an AI services opt-out policy using AWS Organizations.
b. You are responsible for providing legally adequate privacy notices to End Users of your products or services that use Amazon DataZone ML Services and obtaining any necessary consent from such End Users for the processing of Amazon DataZone ML Content and the storage, use, and transfer of Amazon DataZone ML Content as described under this Section. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for notifying us in the event that any Amazon DataZone ML Content stored by Amazon DataZone ML Services must be deleted under applicable law.
100. AWS re:Post Private
100.1.
You acknowledge that we may store Your Content that is processed by AWS re:Post Private in AWS regions outside the AWS region where you are using AWS re:Post Private.
100.2.
Use of AWS re:Post Private is subject to the Terms of Use for AWS re:Post Private which are available in your private re:Post.
101. Amazon One Enterprise
101.1. Amazon One Enterprise Services (Preview).
“Amazon One Enterprise Service” includes all Services and Amazon Content AWS or its affiliates provide in conjunction with Amazon One Enterprise Devices. “Amazon One Enterprise Devices” are the hardware and equipment Amazon One Enterprise makes available to you to support your use of the Amazon One Enterprise Service. You understand and agree that the Amazon One Enterprise Service is intended for use only in the commercial or business context and that you will not use the Amazon One Enterprise Service in any way to collect information or provide services to your End Users in their personal or household capacity
101.2. Facility Requirements.
You will ensure that, at all times, the facility at which Amazon One Enterprise Devices are installed and located (“Facility”) meets any requirements necessary to support the installation, maintenance, use, and removal of Amazon One Enterprise Devices as described in any Amazon One Enterprise Devices technical documentation or indicated to you during the ordering and installation process.
You are responsible for any damage to Amazon One Enterprise Devices at the Facility. The Amazon One Enterprise Device Terms of Use govern your purchase and use of Amazon One Enterprise Devices.
101.3. Access to Amazon One Enterprise Devices.
You will give personnel designated by AWS prompt and reasonable access to the Facility as necessary to deliver, install, service, repair, or inspect Amazon One Enterprise Devices. You will not require AWS personnel to sign, accept, or otherwise agree to any terms, conditions, obligations, or agreements of any kind as a condition of accessing the Facility, and you agree that the terms of any such documentation are void even if signed by AWS personnel or its designees. You will ensure that no one modifies, alters, reverse engineers, repairs, or tampers with Amazon One Enterprise Devices. You acknowledge that Amazon One Enterprise Devices may be equipped with tamper monitoring technology.
101.4. Palm Data.
You agree and instruct that to provide the Amazon One Enterprise Services, AWS will generate, analyze, process, store, and use data related to your End Users’ palms, including palm images, palm signatures, embeddings, and representations (“Palm Data”) on your behalf when you make the Amazon One Enterprise Device available for use to your End Users. AWS will generate, analyze, process, store, and use Palm Data only as necessary to maintain and provide the Amazon One Enterprise Service or as necessary to comply with applicable laws or a binding order of a governmental body, and to develop and improve the Amazon One and Amazon One Enterprise Services. AWS will not sell Palm Data or use Palm Data in cross-context behavioral advertising. Palm Data include, but are not limited to, unique images, templates, and/or mathematical representations of End Users’ palms that are created using proprietary software and algorithms. Palm Data are integral to the functioning of the Amazon One Enterprise Services and AWS generates, analyzes, processes, stores, uses, and makes available Palm Data on your behalf solely for use in the Amazon One Enterprise Services. You understand and agree that Palm Data, and all related information, technology, processing and outputs required to generate, analyze, process, store, and use Palm Data, are not Your Content (as defined by the Agreement). You understand that all forms of Palm Data: (i) have economic value for AWS; (ii) are not readily known or knowable to others and; (iii) are subject to AWS’s reasonable efforts to keep them secret and confidential, and are, therefore, a trade secret of AWS and owned by AWS. You understand and agree that you and your End Users will not have any access to Palm Data, and you agree to notify your End Users of this before they use any Amazon One Enterprise Device.
101
.
5.
Your use of Amazon One Enterprise Services is subject to additional
Biometric Notice and Consent Service Terms
.
101.6. Privacy Rights Requests.
You are solely responsible for receiving submissions for and responding to any requests from your End Users or individuals you authorize or permit to use the Amazon One Enterprise Services relating to their personal information (collectively, “Privacy Rights Request”) in compliance with applicable laws. To the extent AWS receives any Privacy Rights Requests, AWS will forward such Privacy Rights Requests to you and reasonably cooperate in providing you the necessary information for you to comply with Privacy Rights Requests. Further, you understand and agree that to the extent any Privacy Rights Requests relate to Palm Data, after you have verified the identity of the requestor: (a) if the request is a deletion request, you will notify AWS of the request, and AWS will permanently destroy the Palm Data in accordance with applicable law; or (b) if the request is an access or portability request, you will inform the requestor with sufficient particularity that you have collected Palm Data, but you understand and agree that you will not be able to disclose or provide access to Palm Data because it is sensitive personal information and applicable privacy laws prohibit you from disclosing or providing access to such sensitive personal information in response to a Privacy Rights Request. Moreover, you understand and agree that you do not and will not have access to Palm Data because it constitutes both sensitive personal information and AWS’s trade secret.
101.7.
Notwithstanding anything to the contrary, you agree and instruct that we may analyze, process, use, and store Your Content, End User information to: (a) maintain and provide Amazon One Enterprise Services, and (b) develop and improve Amazon One and Amazon One Enterprise Services, including any underlying technologies and any training and testing machine learning models. Except as expressly provided herein, you acknowledge and agree that you and your End Users will not have any rights, title, or interest in any Amazon products or services or AWS Content and that we may process and store Your Content and End User information in AWS regions outside the AWS regions where you are using Amazon One Enterprise.
101.8.
You will not, and will not allow any third-party to use Amazon One Enterprise Services to, directly or indirectly, develop or improve a similar or competing product or service.
102. Amazon WorkSpaces Thin Client
In addition to the Agreement and these Service Terms, use of Amazon WorkSpaces Thin Client devices is subject to
device terms
. Please review the device terms before using an Amazon WorkSpaces Thin Client device.
103. AWS Deadline Cloud
103.1
. When you use AWS Deadline Cloud, you have the option to license digital content creation software (“
DCC Software
”) from separate third-party providers. DCC Software is Third-Party Content. If you elect to use DCC Software, you agree that AWS is not a party to any agreement between you and any DCC Software provider governing your use of the DCC Software, AWS is not responsible or liable to you for the DCC Software, and AWS does not make any representations or warranties with respect to the DCC Software. The following additional terms and conditions apply to use of DCC Software:
a. Your use of Foundry’s Software is subject to the terms and conditions of the
Foundry End User License Agreement
.
b. Your use of Side Effects Software Inc.’s Software is subject to the terms and conditions of the
Side Effects Software License Agreement
.
c. Your use of Autodesk’s Software is subject to the terms and conditions of the
Autodesk License and Services Agreement
, the
Autodesk Terms of Use
, and the
Autodesk Additional Terms
.
d. Your use of Autodesk’s Arnold for Maya is subject to the terms and conditions of the End User License Agreement which is installed on the worker in the Arnold EULA folder.
e. Your use of Blender Foundation's Software is subject to the terms and conditions of the
GNU General Public License
.
f. Your use of Luxion’s Keyshot is subject to the terms and conditions of the
Terms and Conditions
.
g. Your use of Maxon’s Software is subject to the terms and conditions of the
End User License Agreement
.
h. Your use of Adobe After Effects is subject to the terms and conditions of the
Adobe General Terms of Use
.
i. Your use of Chaos V-Ray is subject to the terms and conditions of the
Chaos End User License Agreement.
j. Your use of Epic’s Unreal Engine is subject to the terms and conditions of the
Unreal Engine End User License Agreement
.
103.2.
AWS does not offer support services for DCC Software. You may request support directly from the applicable DCC Software provider, who may require your agreement with additional terms and conditions, including privacy notices. AWS is not responsible for any support provided by third-party DCC Software providers, and makes no guarantees about such services.
103.3
. AWS may change, deprecate, or discontinue any offering of DCC Software at any time upon notice to you. We will provide you with prior notice of any deprecation or discontinuation of DCC Software where practicable under the circumstances.
103.4.
By using the Wait and Save feature of AWS Deadline Cloud, you agree to use Wait and Save for managing the execution of visual computing workloads in AWS Deadline Cloud.
103.5.
AWS Deadline Cloud is not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may 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.
104. AWS Security Incident Response
104.1.
You represent and warrant to AWS that the person requesting any of your AWS accounts to be an AWS Security Incident Response Membership Account or Associated Account (as defined in the AWS Security Incident Response user guides posted on the AWS Site) is authorized to make such requests and procure AWS Security Incident Response services on your behalf and with respect to such AWS accounts.
104.2.
AWS and its affiliates will not be liable to you for any damages arising from (a) AWS’s actions taken pursuant to any instructions, requests, or pre-authorizations that you provide or approve, (b) you not following an instruction or recommendation from AWS, (c) your delay or withholding of approval for AWS to take a requested action, or (d) any change by you to your AWS Security Incident Response Membership Account (as defined in the AWS Security Incident Response user guides posted on the AWS Site).
104.3.
By enabling alert triaging you agree to grant AWS Security Incident Response permissions to access Amazon GuardDuty and AWS Security Hub to ingest alerts and create suppression rules on your behalf.
105. Amazon Inspector
105.1. Amazon Inspector Code Security.
We may change, discontinue, or deprecate support for any third-party software development services at any time without prior notice. We will provide you with prior notice of any deprecation or discontinuation of support for a third-party software development service where practicable under the circumstances.
106. Amazon Connect Health
106.1.
"Amazon Connect Health Content" means Your Content that is processed by Amazon Connect Health.
106.2.
You agree and instruct that: (a) we may use and store Amazon Connect Health Content for troubleshooting, quality assurance, and testing of Amazon Connect Health and its underlying technologies; and (b) solely in connection with the troubleshooting, quality assurance, and testing described in clause (a), we may store such Amazon Connect Health Content in an AWS region outside of the AWS region where you are using Amazon Connect Health. Using Amazon Connect Health Content for troubleshooting, quality assurance, and testing does not include training models on Amazon Connect Health Content. You may instruct AWS not to use and store Amazon Connect Health Content for the purposes outlined in this Section 106.2 by using the opt-out mechanism indicated in the applicable service documentation.
106.3.
You agree and instruct that: (a) we may use and store de-identified Amazon Connect Health Content to develop and improve Amazon Connect Health and its underlying technologies; and (b) solely in connection with the development and improvement described in clause (a), we may store your Amazon Connect Health Content in AWS regions outside the AWS regions where you are using Amazon Connect Health. If you are subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you must execute the Healthcare and Life Sciences BAA Addendum before AWS can de-identify your Amazon Connect Health Content under this Section. You can find and execute the Healthcare and Life Sciences BAA Addendum in AWS Artifact. You may instruct AWS not to use and store Amazon Connect Health Content for the purposes outlined in this Section 106.3 by using the opt-out mechanism indicated in the applicable service documentation.
106.4.
By using Amazon Connect Health, you represent to us that you or any applicable third party has provided all necessary notices to and obtained all necessary consents from your End Users whose information will be processed. You are responsible for notifying us in the event that any Amazon Connect Health Content stored by Amazon Connect Health must be deleted under applicable law.
106.5
. Your use of Amazon Connect Health is subject to additional
Electronic Communication Notice and Consent Service Terms
.
106.6.
The output that you generate using Amazon Connect Health is Your Content. Due to the nature of machine learning, output may not be unique across customers and the Services may generate the same or similar results across customers.
106.7.
Except where permitted by Amazon Connect Health, you may not use Amazon Connect Health to generate Content for the express purpose of training an AI model or service or developing a substantially similar AI model or service.
106.8.
Neither you nor your End Users will, or will attempt to, extract or derive underlying components, including any model, model parameters, or model weights or reproduce the training data of Amazon Connect Health.
106.9.
Amazon Connect Health is not intended to be used by itself for any clinical decision-making and is not a medical device. Healthcare providers remain responsible for finalizing all clinical documentation and for patient care coordination.
107. AWS Interconnect
107.1.
AWS will provide other cloud and last mile service providers with information necessary to enable them to establish and support your connection, including your network configuration, activity information, and troubleshooting data.
107.2.
You are responsible for your relationship with other cloud or last mile service providers, including your agreements with them, complying with their policies and procedures and paying them any applicable fees. AWS has no responsibility or liability for any services provided by other cloud or last mile service providers.
107.3.
You are responsible for monitoring the utilization of your AWS Interconnect connections and managing capacity changes in a timely manner. If your usage exceeds the capacity of your purchased AWS Interconnect connection, AWS may reduce your performance or automatically enroll you in a higher capacity tier for subsequent subscription periods.
107.4. Free Tier Interconnect
107.4.1.
You may create one Free Tier Interconnect (500 Mbps) per cloud service provider, per AWS Region.
107.4.2.
We may delete any Free Tier Interconnect after 30 days' notice if you have not used it in the previous 90 days.
107.4.3.
We may temporarily reduce Free Tier Interconnect speed to manage capacity.
108. Amazon Connect Decisions
108.1.
“Amazon Connect Decisions Content” means Your Content that is processed by Amazon Connect Decisions.
108.2.
You agree and instruct that: (a) we may use and store Amazon Connect Decisions Content to develop and improve Amazon Connect Decisions and its underlying technologies; (b) we may use and store Amazon Connect Decisions Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial intelligence technologies; and (c) solely in connection with the development and improvement described in clauses (a) and (b), we may store such Amazon Connect Decisions Content in an AWS region outside the AWS region where you are using Amazon Connect Decisions. You may instruct AWS not to use and store Amazon Connect Decisions Content to develop and improve Amazon Connect Decisions and AWS and affiliate machine-learning and artificial intelligence technologies by configuring an AI services opt-out policy using AWS Organizations.
108.3.
You are responsible for providing legally adequate privacy notices to End Users of your products or services that use Amazon Connect Decisions and obtaining any necessary consent from such End Users for the processing of Amazon Connect Decisions Content and the storage, use, and transfer of Amazon Connect Decisions Content as described under this Section. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for notifying us in the event that any Amazon Connect Decisions Content stored by Amazon Connect Decisions must be deleted under applicable law.
108.4.
Neither you nor your End Users will, or will attempt to, extract or derive underlying components, including any model, model parameters, or model weights or reproduce the training data of Amazon Connect Decisions. Except where permitted by Amazon Connect Decisions, you may not use the service to generate Content for the express purpose of training an AI model or service or developing a substantially similar AI model or service.
108.5.
Amazon Connect Decisions is not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage.
108.6
. Certain features of Amazon Connect Decisions use third-party service providers, as identified in the service documentation. You authorize AWS to transmit your Content to the providers for processing.
109. AWS Web Application Firewall (“WAF”)
109.1. AWS WAF AI traffic monetization
109.1.1.
AWS WAF AI traffic monetization helps you charge buyers (“Buyers”) for access to the Content you serve via AWS Services (such as Amazon CloudFront), by transmitting messages between you, Buyers, your respective wallet and payment providers (“Payment Providers”), and third-party facilitation services (“Facilitators”). AWS does not provide regulated financial services as part of AWS WAF AI traffic monetization. AWS is not a party to, or in the flow of funds for any payment you receive.
109.1.2.
To use AWS WAF AI traffic monetization, you instruct us to share your pricing, payment and configuration information with the applicable Buyer, Payment Provider, or Facilitator. Your use of Payment Providers and Facilitators is governed by separate terms between you and those parties. AWS is not responsible for any services provided by Payment Providers and Facilitators. AWS does not have custody or control over, and is not responsible for any wallets, funds, or digital assets used in connection with AWS WAF AI traffic monetization.
109.1.3.
You will test, monitor, and implement safeguards (such as human-in-the-loop) for your use of AWS WAF AI traffic monetization as may be appropriate for your use case, including by managing and securing your wallet, and ensuring your access, pricing, licensing and payment configurations are accurate and authorized. AWS is not responsible for any transactions, disputes, or payments liability with any Buyers, Payment Providers or Facilitators arising from or related to your use of AWS WAF AI traffic monetization.
109.1.4.
AWS may change or discontinue support for any Payment Provider or Facilitator at any time. We will provide you with prior notice if we discontinue support of a Payment Provider or Facilitator where practicable under the circumstances. AWS may impose limits on the amount of traffic processed by AWS WAF AI traffic monetization at any time.
110. Free Exploration Services
110.1.
AWS may provide free exploratory technical consulting and advisory services to help you use the Services. These exploratory services may include technical assistance, developing prototypes and proofs of concept, generative AI engagements, and related activities. AWS may stop providing free exploration services at any time without prior notice to you.
110.2.
Free exploration services do not constitute financial, legal, or compliance advice. Content delivered during exploratory engagements is not intended for use in, or in association with, the operation of any hazardous environment or critical systems that may lead to serious bodily 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.
110.3.
You will not require AWS personnel to sign, accept, or otherwise agree to any terms, conditions, obligations, or agreements as a condition of providing free exploration services, and you agree that the terms of any such documentation are void, even if signed by AWS personnel, except to the extent they impose reasonable building access or safety requirements.
110.4.
You are solely responsible for testing, deploying, maintaining, implementing, and supporting any Content or deliverables provided or recommended by AWS as part of free exploration services, including AI Solutions. You are responsible for determining whether your use of free exploration services, including artificial intelligence or machine learning Services, features, and functionality (including-third party models) that we may provide to you (each, an “AI Solution”), complies with applicable laws, rules, regulations and policies, and whether to deploy them in a Production Environment (defined in 110.7 below).
110.5.
AWS may develop Content for you consisting of either (a) documents and diagrams (“Documents”) or (b) software (in source or object code form), sample code, or scripts (“Software”) as part of free exploration services (such Documents and Software are “Developed Content”). AWS is not precluded from developing, using, or selling products or services that are similar to or related to the Developed Content; however, this sentence does not excuse AWS’s obligations under any non-disclosure agreement between you and AWS. Except for Third Party Content provided under a separate license, any Developed Content provided to you by AWS as part of these exploratory engagements is AWS Content, and such Developed Content is licensed under the following terms:
AWS Licensor licenses any Documents to you under the Creative Commons Attribution 4.0 International License (CC-BY 4.0); and
AWS Licensor licenses any Software to you under the Apache License, Version 2.0
If there is a conflict between this Section 110.5 and any separate license, the separate license will control.
110.6.
Content that you provide or direct AWS to use for purposes of providing free exploration services is Your Content.
110.7.
You are solely responsible for all activities within your production environments where software, data, configuration, applications, code, or other products are placed into live operation for their intended use by End Users (“Production Environment”) including:
110.7.1.
Determining deployment-readiness of deliverables and managing their subsequent deployment, operation, and maintenance;
110.7.2.
Overall management of AWS accounts, pipelines, deployment gates, logs and records; and
110.7.3.
All access and permissions controls, including ensuring AWS personnel are precluded from accessing Production Environments.
110.8.
Unless expressly agreed to in a separate agreement for free exploration services, you will not disclose to AWS personnel any Content that includes or is defined under applicable law as “personal data”, “personal information”, “protected health information”, “controlled unclassified information”, or other sensitive or restricted data types which are defined or governed by applicable law (including data privacy law), regulation, regulatory framework, or industry standard (collectively, “Customer Regulated Data”).
110.9.
Incidental personal data related to your personnel that AWS obtains as part of free exploration services is not Customer Regulated Data. This type of data is treated as “Account Information” and AWS and its affiliates will handle it in accordance with the AWS Privacy Notice (available at
https://aws.amazon.com/privacy
).
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