Amazon Business App Center Customer Terms of Use
Last updated: September 19, 2022
These Customer Terms of Use (these "Terms") are part of an agreement between you or the entity you represent ("you" or "your") and Amazon.com Services LLC (together with its affiliates, "Amazon" or "we") regarding use of the Amazon Business App Center and associated software, services, and purchases ("App Center"). Before you use the App Center or connect to Apps made available through it, please read these Terms, the Amazon Business Account Terms and Conditions at https://www.amazon.com/business/register/terms-and-conditions?ref_=ab (the "Account Terms"), the Amazon.com Privacy Notice at https://www.amazon.com/privacy , and all rules and policies related to the App Center (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the App Center) (collectively, the "Agreement"). Capitalized terms used in these Terms and not otherwise defined have the meanings given to them in the Account Terms. In the event of conflict relating specifically to the App Center between the Account Terms and these Terms, these Terms will prevail.
IF YOU USE THE APP CENTER, YOU AGREE TO BE BOUND BY THE AGREEMENT ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT. IF YOU ARE entering into this Agreement on AN ENTITY'S behalf, YOU represent to us that YOU have the LEGAL authority to bind THAT ENTITY.
1. The App Center
In the App Center, Amazon Business customers can access, browse, purchase, and connect to applications and other digital products ("Apps"). Apps include any content, technology, data, or other digital materials included in or made available through an App you connect to or use via the App Center (including after you connect to it). Apps also include all updates, upgrades, and other changes and versions that you later use or connect to via the App Center. The party that provides an App is the "Publisher" of the App. Some Apps may be available via the App Center at no charge, while others may be purchased for a fee, as further described on our App detail pages.
2. Using and Connecting to Apps
2.1 General.
After you request a connection to an App, the applicable Publisher will provide a connection to the App for your business use. Apps are available with specific system and device requirements, and may also be subject to certain other technical requirements as may be provide through the Publisher.
2.2 App Connections.
All connections to and purchases of Apps are directly between you and the Publisher, and Amazon is not responsible for providing a connection to or for ensuring ongoing connectivity to any App provided and licensed to you by third-party Publishers (each, a "Third-Party App"). We have no responsibility for any risk of loss after you connect to or access a Third-Party App, including any loss due to a device malfunction. A Publisher may limit or disable connections to an App due to licensing restrictions or for other reasons.
2.3 Updates to Apps.
The Publisher of an App may provide you with updates to that App from time to time. If we are the Publisher, we may automatically install updates to your Apps, or prompt you to install the updates. You are solely responsible for promptly installing all updates that we or the applicable Publisher(s) make available to your App(s).
2.4 Ratings.
We may provide content ratings for Apps that are based on information provided to us by the Publisher or other third parties. While we require Publishers to provide accurate information regarding the content of their Apps, we cannot ensure that App ratings are accurate or that Apps do not include content that is offensive, indecent, or objectionable.
3. Use of and Restrictions on Apps
3.1 Information Provided to Amazon.
Publishers may provide Amazon with information relating to the use and performance of its Apps, as well as information regarding the devices on which you connect to the Apps. This information is subject to the Amazon.com Privacy Notice located at https://www.amazon.com/privacy and any applicable Publisher terms you may agree to with the Publisher .
3.2 Separate Licenses to Use Apps.
Your use of an App will be governed by the terms and conditions of an end user license agreement between you and the Publisher of the App (the "Publisher EULA"), as well as the privacy notice made available by the Publisher at the time you connect. If the Publisher does not provide a Publisher EULA, the terms set forth in Section 3.3 will apply (the "Standard EULA"). With respect to any App, the Publisher EULA or Standard EULA, as applicable, and privacy notice of the Publisher together are the "App Terms". You should read the App Terms and only connect to an App if you agree to the applicable App Terms. Amazon is not a party to the App Terms for any Third-Party App.
3.3 Standard EULA.
The Standard EULA consists of the following end user license terms:
(i) The Publisher is the licensor of the App.
(ii) Publisher grants you a limited, nontransferable license to connect and use the App only for your business purposes.
(iii) Any information that Publisher collects from you or your device will be subject to the App Terms, and, with respect to your use of Third-Party Apps, will be subject to the Publisher's privacy notice.
(iv) You may not modify, reverse engineer, decompile, or disassemble the App in whole or in part, or create any derivative works from or sublicense any rights in the App, unless otherwise expressly authorized in writing by Publisher or to the extent such restrictions are prohibited under applicable law.
(v) The App is protected by copyright and other intellectual property laws and treaties. Publisher or its licensors own all title, copyright, and other intellectual property rights in the App, and the App is licensed, not sold.
(vi) You acknowledge and agree that Amazon has no responsibility or liability, except to the extent that such liability cannot be excluded by law, with respect to your use of any Third-Party App or any content or functionality in a Third-Party App.
(vii) If the Amazon Business App Center Customer Terms of Use between you and Amazon are terminated, this Standard EULA and all of your rights to the App will also terminate, unless the applicable Publisher notifies you that a) the Standard EULA and your license rights to the App will continue; or b) a different Publisher EULA that the Publisher provides is instead applicable.
3.4 Compliance with Law and Reservation of Rights.
You will use Apps in compliance with all applicable laws, restrictions, and regulations of the United States, European Union, their agencies, and all other governmental authorities whose rules or regulations are applicable to an App. We reserve the right to change, remove, suspend, or disable any App, or limit or disable your connection to any App, without notice or liability.
4. General
4.1 Control of App Center; Changes.
We have the right, in our sole discretion, to determine the content, appearance, design, functionality, and all other aspects of the App Center, Amazon Business and any website, mobile, or other property through which any App Center or Amazon Business features or functionality are available (the "AB Properties") (including the right to re-design, modify, remove, and alter the content, appearance, design, navigation, functionality, and other aspects of the AB Properties and/or any page thereof and any element, aspect, portion, or feature thereof, from time to time). We may modify, suspend, or discontinue the App Center, in whole or in part, at any time without notice.
4.2 Geographic Restrictions.
Apps will be made available to Amazon Business customers in countries that offer the App Center. We may restrict access to the App Center from other locations.
4.3 Termination; Amendments.
We may terminate these Terms at any time for any reason by providing notice to your administrators. When these Terms terminate, your rights to continue, or your requirement to cease, using the applicable App(s), are governed in each case by the applicable Publisher EULA and any privacy notice of the Publisher, or if the Standard EULA applies, then as set forth in Section 3.3(vii) above. In case of such termination, you must cease all use of the App Center, and we may immediately revoke your access to the App Center without notice to you and without refund by Amazon of any purchases you may have made from a Publisher. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of these Terms at our sole discretion by posting the revised terms on the Amazon Business website, and our posting of the revised terms constitutes notice to you of any such revisions. Your continued use of the App Center after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
4.4 Contact Information.
For communications concerning these Terms, please write to Amazon, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226.
4.5 Disputes.
Any dispute or claim arising from or relating to these Terms or the App Center is subject to and governed by the dispute resolution, governing law, disclaimer of warranties, and limitation of liability sections, and all other terms in the Account Terms at https://www.amazon.com/business/register/terms-and-conditions?ref_=ab.
4.6 Limitation of Liability.
Without limiting the Disclaimer of Warranties and Limitation of Liability in the Account Terms, in no event will our total liability to you for all damages arising out of or related to your use or inability to use the Apps, the App Center, or information, materials, or products included on or otherwise made available to you through the App Center, exceed the greater of (i)
the amount you paid to Amazon to purchase the App related to your claim for damages, or (ii) the
amount of fifty U.S. dollars ($50.00). Notwithstanding the foregoing, however, the limitations of this Section 4.6 do not apply to the extent such liability cannot be restricted under applicable law.