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# Fire Phone Terms of Use

Amazon Fire Phone Terms of Use

Last updated: October 2, 2017

This is an agreement between you and Amazon Digital Services LLC (with its affiliates, "Amazon" or "we"). Please read these Amazon Fire Phone Terms of Use, the Amazon.com Privacy Notice, the Amazon.com Conditions of Use, and the other applicable rules, policies, and terms posted on the Amazon.com website, on or through your Amazon Fire phone, or provided with any of the Services (collectively, this "Agreement") before using the Fire phone. By using the Fire phone, 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 Fire phone, and you may return the Fire phone in accordance with the applicable return policy.

1. Connectivity and Availability
2. Device and Software
3. General

For the purpose of these Fire Phone Terms of Use:

"App" means any app downloaded through the Amazon Appstore (including any updates/upgrades to that app).

"Digital Content" means digitized electronic content, such as books, newspapers, magazines, journals, music, videos, Apps, blogs, RSS feeds, games, and other static and interactive electronic content.

"Services" means the provision of Digital Content, Software, and support and other services that we provide Fire phone users, but does not include wireless voice and data services.

"Software" means all software (including any updates/upgrades to that software) and any related documentation that, in either case, we make available to you from time to time for use on a Fire phone, but excludes Apps.

1. Connectivity and Availability

Wireless Connectivity. In order to use some features of your Fire phone, you will need to purchase a voice and data plan from a third party wireless provider. Your voice and data plan is subject to the fees, restrictions, terms and limitations imposed by your wireless provider. Your wireless provider may operate diagnostic software on your Fire phone that can report network diagnostic information. In addition, if you use your Fire phone with third party services, such as Wi-Fi access points, a third party may charge you fees for the use of those services.

Availability. Some Services may not be available in all areas and may require separate subscriptions. In addition, if your Fire phone is located in an area where it cannot access wireless voice and data services, you may not be able to use some or all of the Services or the phone features of your Fire phone. We are not responsible for the unavailability of wireless voice and data services or any corresponding loss of Services.

2. Device and Software

Use of the Software. You may use the Software only on a Fire phone. For additional terms that apply to the Software, see the Additional Amazon Software Terms contained in the Amazon.com Conditions of Use and the terms contained in the About Your Device, Legal & Compliance section in the Settings menu of your Fire phone.

Location Based Services. Your Fire phone has a feature that, when enabled, allows maps, other applications, and Amazon to use and access location and related information from your Fire phone. Learn more about location services including our enhanced location services. If you are using location services on your Fire phone for navigation, you are solely responsible for driving safely, observing all traffic rules, and using your own judgment while driving and selecting routes. Amazon does not guarantee the accuracy or completeness of any location services.

Voice Services. Your Fire phone may have a feature that allows you to use your voice to perform certain tasks, such as initiating a phone call, dictating or sending a message, or searching the web. Fire phone's voice Services may process your voice input, names of contacts, location, and other information in the cloud to improve the accuracy of the results provided to you and to improve our services. Learn more about these voice Services including how to delete voice recordings associated with your account.

Backup. Your Fire phone has a feature that, when enabled, backs-up to the cloud certain data on your Fire phone, including account settings, notes, search history, bookmarks, communications, call history, and more, so that you can restore that data later to a Fire phone. Learn more about backup.

Firefly. Your Fire phone includes Firefly, a feature that allows you to identify products, music, movies, TV shows, and other content. It also allows you to take action on the items you identify, including through third party apps with access to Firefly. Firefly processes the images and audio that it collects in the cloud to provide and improve our services. Learn more about this feature including how to delete images and audio associated with your account and how to disable access to Firefly by third party apps.

3. General

Information Received. The Software will provide Amazon with information about use of your Fire phone and its interaction with the Services (such as available memory, up-time, log files, signal strength, network diagnostics, content usage, search queries, and location). Information provided to Amazon may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Amazon.com Privacy Notice.

Information Provided To Others. You are responsible for any information you provide to others using a Fire phone. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

Changes to Services; Amendments. We may change, suspend, or discontinue the Services, or any part of them, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Amazon.com website. Your continued use of the Fire phone after the effective date of the revised Agreement constitutes your acceptance of the terms.

Termination. Your rights under this Agreement will automatically terminate without notice 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.

Governing Language. If this Agreement is translated into a language other than English, the English version will govern and prevail to the extent that there is any conflict or discrepancy.

Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement, a Fire phone, the Software, the Digital Content, or the Services is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Amazon.com Conditions of Use. You agree to those terms by entering into this Agreement or using a Fire phone or the Services.

Disclaimer of Warranties and Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Amazon.com Conditions of Use, (1) unless otherwise provided by Amazon, your Fire phone is subject to a one-year limited warranty; and (2) unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability under this Agreement with respect to any claim exceed the amount you actually paid for your Fire phone.

Contact Information. For help with your Fire phone, the Services, Digital Content, Software or resolving other issues, please contact Customer Service by e-mail: firephone-support@amazon.com or by phone at 1-888-280-2073 (toll free) when dialing in the US or at 1-206-922-0880 (charges will apply) when dialing outside the US.

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