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Amazon Device Terms of Use

Last Updated: October 3, 2018

This is an agreement between you and Amazon Seller Services Private Limited (with its affiliates, "Amazon" or "we"). Please read these Amazon Device Terms of Use, the Amazon.in Privacy Notice, the Amazon.in Conditions of Use, and the other applicable rules, policies, and terms available at the Amazon.in website, or on or through the Amazon Device or its companion app (collectively, this "Agreement") before using the Amazon Device. By using the Amazon Device, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Amazon Device, and you may return it for a refund in accordance with the applicable return policy. You may need your own Amazon.in account to register and use your Amazon Device, and you may be required to be logged in to the account and have a valid payment method associated with it. Your use of any of the Services is subject to any additional rules, policies and terms that apply to those Services.

For the purposes of these Amazon Device Terms of Use:

"Amazon Device" means Kindle e-readers, Amazon Fire TV devices, Amazon Echo devices and, in each case, Amazon accessories for these devices.

"Digital Content" means digitised content (including third-party content), such as books, newspapers, magazines, journals, music, videos, apps, games, skills, photos, audio, and related features and functionality.

"Services" means the provision of Digital Content, Software, and support and other services that we provide Amazon Device users, including the wireless connectivity that we provide Kindle users.

"Software" means all software we make available to you for use on an Amazon Device, but excludes third-party Digital Content.

1. Features and Software

a. Location Based Services. Your Amazon Device may have a feature that allows maps, other applications, and Amazon to use and access location and related information from your device. If you are using location based services on your Amazon Device for navigation, you are solely responsible for ensuring you drive safely, observe all traffic rules, and use your own judgment while driving and selecting routes. Amazon does not guarantee the accuracy, completeness, or security of any location services.

b. Backup and Restore. Your Amazon Device may have a feature that backs up to the cloud certain data on your device, including account settings, notes, email and wireless configurations, bookmarks, search history, communications, and call history, so that you can restore that data later to an Amazon Device.

c. Voice Services. Your Amazon Device may have features that allow you to access Alexa voice services or otherwise use your voice to perform certain tasks, such as check the weather, add a calendar entry, perform a search, or operate other connected products. When you use voice services, we may process your voice input and other information (such as location) in the cloud to respond to your requests and to improve your experience and our services. Your use of Alexa is subject to the Alexa Terms of Use. Learn more about Alexa voice services and how they work at www.amazon.in/alexa/voice, including wake word processing, and how to delete voice recordings associated with your account.

d. Other Image, Video, and Audio Services. Some Amazon Devices, such as Amazon Devices with Firefly, have features that allow you to capture images, video, or audio. When you use these features, we may process and store your captured images, video, or audio in the cloud to provide and improve our services. For some Amazon Devices and features, we may limit cloud storage or offer service plans with different storage limits and fees.

e. Other Image, Video, and Audio Services. Some Amazon Devices, such as Echo Spot or Amazon Devices with Firefly, have features that allow you to capture images, video, or audio. When you use these features, we may process and store your captured images, video, or audio in the cloud to provide and improve our services. For some Amazon Devices and features, we may limit cloud storage or offer service plans with different storage limits and fees.

f. Use of the Software. Except as provided in this section, you may use the Software only on an Amazon Device. For additional terms that apply to the Software, see the Amazon Software Terms contained in the Amazon.in Conditions of Use and the terms contained in the Legal or similar section in the Settings menu of your Amazon Device or companion app. Software licensed under an open source license is governed solely by the terms of that open source license. For additional terms that apply to the certain third party software, see the Legal, Legal and Compliance, or similar section in the Settings menu of your Amazon Device.

2. Connectivity and Availability

a. Internet and Wireless Connectivity. Your Amazon Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.

b. Availability. Some Services may be unavailable, vary (by device or geography, for example), be offered for a limited time, or require separate subscriptions. In addition, if your Amazon Device requires wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Services or other features of your Amazon Device. We are not responsible for the unavailability of wireless data services or any corresponding loss of Services.

c. Kindle e-Reader Connectivity. The Kindle e-Reader uses wireless connectivity to allow you to shop for, download and use Digital Content. If your Kindle is not subject to a data plan or other third-party fees, we generally do not charge you for use of wireless connectivity. However, your Kindle may use wireless connectivity to make other services available to you for which we may charge you a fee, such as personal file download and subscriptions when you are located in another country. The fees and terms for such services are available at the Amazon.in website or on or through your Kindle and may change from time to time. You may use the wireless connectivity provided by us only in connection with Digital Content, Software, and support and other services that we provide Kindle users as permitted by this Agreement and not for any other purpose. Events beyond our reasonable control (such as changes in service or terms by wireless carriers) may impact the terms or circumstances under which we provide you wireless connectivity and may result in a temporary or permanent modification or loss of wireless connectivity for your Kindle.

3. General

a. Information Received. The Software will provide Amazon with data about use of your Amazon Device and its interaction with Digital Content and the Services (such as last page read, content archiving, available memory, up-time, log files, network diagnostics, content usage, search queries, location, voice information, connectivity and signal strength). Information provided to Amazon may be processed in the cloud to improve your experience and our services, and may be stored on servers outside the country in which you live. Any information we receive is subject to the Amazon.in Privacy Notice. Personal information transferred to countries outside of India, if any, will be transferred in accordance with the Amazon.in Privacy Notice and as permitted by applicable data protection laws.

b. Information Provided To Others. You are responsible for any information you provide to others, including third-party Digital Content providers, using an Amazon Device. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you, and you will not be subject to the Amazon.in Privacy Notice with respect to such information

c. Changes to Services. We may modify, suspend, or discontinue the Services, or any part of them, at any time.

d. Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any of its terms. In case of such termination, Amazon may immediately revoke your access to the Services without refund of any fees. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

e. Exclusions of liability. Without limiting the exclusion of liability in the Amazon.in Conditions of Use, (1) unless otherwise provided by Amazon, your Kindle is subject to a one-year limited warranty; and (2) Amazon's aggregate liability to you for compensation under this agreement with respect to any claim (in addition to any rights to obtain a repair, replacement or refund via your statutory rights) will not exceed the amount you paid for your Amazon Device. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.

g. Contact Information. For help with your Amazon Device, the Services, Digital Content, Software or resolving other issues, please contact Customer Service by clicking the Contact Us button located on the right side of every help page on Amazon.in.

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