| Before | After | ||
|---|---|---|---|
| 4 | Last Updated: March 13, 2026 See What's Changed This AWS Customer Agreement (this “ Agreement ”) contains the terms and conditions that govern your access to and use of the Services (as defined below) and is an agreement between the applicable AWS Contracting Party specified in Section 12 below (also referred to as “ AWS ,” “ we ,” “ us ,” or “ our ”) and you or the entity you represent (“ you ” or “ your ”). | 4 | Last Updated: May 18, 2026 See What's Changed This AWS Customer Agreement (this " Agreement ") contains the terms and conditions that govern your access to and use of the Services (as defined below) and is an agreement between the applicable AWS Contracting Party specified in Section 12 below (also referred to as " AWS ," " we ," " us ," or " our ") and you or the entity you represent (" you " or " your "). |
| 5 | This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any of the Services (the “ Effective Date ”). | 5 | This Agreement takes effect when you click an "I Accept" button or check box presented with these terms or, if earlier, when you use any of the Services (the " Effective Date "). |
| 22 | We will provide you at least 12 months’ prior notice before discontinuing a material functionality of a Service that we make generally available to customers and that you are using. | 22 | We will provide you at least 12 months' prior notice before discontinuing a material functionality of a Service that we make generally available to customers and that you are using. |
| 24 | We may change, discontinue or add Service Level Agreements, provided, however, that we will provide at least 90 days’ advance notice for adverse changes to any Service Level Agreement. 2. | 24 | We may change, discontinue or add Service Level Agreements, provided, however, that we will provide at least 90 days' advance notice for adverse changes to any Service Level Agreement. 2. |
| 31 | You will ensure that Your Content and your and End Users’ use of Your Content or the Services will not violate any of the Policies or any applicable law. 2.3 Your Security and Backup. | 31 | You will ensure that Your Content and your and End Users' use of Your Content or the Services will not violate any of the Policies or any applicable law. 2.3 Your Security and Backup. |
| 35 | You are responsible for End Users’ use of Your Content and the Services, and for their compliance with your obligations under this Agreement. | 35 | You are responsible for End Users' use of Your Content and the Services, and for their compliance with your obligations under this Agreement. |
| 45 | We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice. | 45 | We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days' prior notice. |
| 48 | (a) Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. | 48 | Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. |
| 55 | We 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 payments made under this Agreement. | 55 | We 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 payments made under this Agreement. 4. |
| 56 | (b) If the applicable AWS Contracting Party is Amazon Web Services India Private Limited ("AWS India") (formerly known as Amazon Internet Services Private Limited), the parties agree that the provisions of this Section 3.2(b) will apply. | — | Removed |
| 57 | You acknowledge that AWS India may display the applicable fees and charges for the Services on the Site in USD (or such other currency as AWS India may deem fit). | — | Removed |
| 58 | However, AWS India will invoice you in INR calculated and converted in accordance with the conversion rate determined by us on the date of invoice ("INR Equivalent Fees"). | — | Removed |
| 59 | You will only be liable to pay the INR Equivalent Fees indicated in each invoice. | — | Removed |
| 60 | We will invoice you from our registered office at the address of your establishment (as registered with the tax authorities, if applicable) receiving the Services in accordance with the applicable indirect tax laws. | — | Removed |
| 61 | All fees and charges payable under this Agreement will be exclusive of applicable national, state or local indirect taxes ("Taxes") that AWS India is legally obligated to charge under applicable law. | — | Removed |
| 62 | For the purpose of this clause, local indirect taxes include Goods and Services Tax (“GST”), which includes the Central Goods and Services Tax ("CGST"), the State Goods and Services Tax ("SGST"), the Union Territory Goods and Services Tax ("UGST"), the Integrated Goods and Services Tax ("IGST") as may be applicable. | — | Removed |
| 63 | The Taxes charged by AWS India will be stated in the invoice pursuant to applicable laws. | — | Removed |
| 64 | AWS India may charge and you will pay any applicable Taxes, which are stated separately on the invoice. | — | Removed |
| 65 | As per the statutory requirement under GST, you will provide all necessary information such as the correct GST registered address, legal name and GSTIN ("GST Information") in order for AWS India to issue correct GST invoices as per the applicable legal requirements. | — | Removed |
| 66 | In the event, the GST invoice is incorrect, you will inform us in a timely manner, to enable AWS India to correct the GST tax invoice. | — | Removed |
| 67 | AWS India will determine the place of supply for the Services based on the GST Information provided by you and accordingly, charge GST (CGST and SGST/UTGST or IGST) on its invoice. | — | Removed |
| 68 | Any withholding taxes that may be applicable to the fees and charges payable to us are for our account. | — | Removed |
| 69 | You will pay the fees and charges in our invoice in full (gross) without applying any withholding taxes. | — | Removed |
| 70 | If you separately deposit applicable withholding taxes on such fees and charges to the applicable government treasury and issue us a withholding tax certificate evidencing such deposit, following receipt of the withholding tax certificate in original form, we will reimburse to you an amount equal to the taxes that are evidenced as deposited. 4. | — | Removed |
| 72 | We may suspend your or any End User’s right to access or use any portion or all of the Services immediately upon notice to you if we reasonably determine: (a) your or an End User’s use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services or the systems or Content of any other AWS customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent; (b) you are, or any End User is, in material breach of this Agreement; (c) you are in breach of your payment obligations under Section 3; or (d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. 4.2 Effect of Suspension. | 57 | We may suspend your or any End User's right to access or use any portion or all of the Services immediately upon notice to you if we reasonably determine: (a) your or an End User's use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services or the systems or Content of any other AWS customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent; (b) you are, or any End User is, in material breach of this Agreement; (c) you are in breach of your payment obligations under Section 3; or (d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. 4.2 Effect of Suspension. |
| 79 | We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice. | 64 | We may terminate this Agreement for any reason by providing you at least 30 days' advance notice. |
| 93 | You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Suggestions; (b) you have all rights in Your Content and Suggestions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content or End Users’ use of Your Content or the Services will violate the Acceptable Use Policy. 6.3 Intellectual Property License. | 78 | You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Suggestions; (b) you have all rights in Your Content and Suggestions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content or End Users' use of Your Content or the Services will violate the Acceptable Use Policy. 6.3 Intellectual Property License. |
| 96 | Neither you nor any End User will, or will attempt to (a) reverse engineer, disassemble, or decompile the Services or AWS Content or apply any other process or procedure to derive the source code of any software included in the Services or AWS Content (except to the extent applicable law doesn’t allow this restriction), (b) access or use the Services or AWS Content in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (c) resell the Services or AWS Content. | 81 | Neither you nor any End User will, or will attempt to (a) reverse engineer, disassemble, or decompile the Services or AWS Content or apply any other process or procedure to derive the source code of any software included in the Services or AWS Content (except to the extent applicable law doesn't allow this restriction), (b) access or use the Services or AWS Content in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (c) resell the Services or AWS Content. |
| 103 | To the extent permitted by applicable law, you will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users’ use of the Services (including any activities under your AWS account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users or Your Content; or (c) a dispute between you and any End User. | 88 | To the extent permitted by applicable law, you will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users' use of the Services (including any activities under your AWS account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users or Your Content; or (c) a dispute between you and any End User. |
| 104 | You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates. 7.2 Intellectual Property. | 89 | You will reimburse us for reasonable attorneys' fees, as well as our employees' and contractors' time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates. 7.2 Intellectual Property. |
| 105 | (a) Subject to the limitations in this Section 7, AWS will defend you and your employees, officers, and directors against any third-party claim alleging that the Services infringe or misappropriate that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. | 90 | (a) Subject to the limitations in this Section 7, AWS will defend you and your employees, officers, and directors against any third-party claim alleging that the Services infringe or misappropriate that third party's intellectual property rights, and will pay the amount of any adverse final judgment or settlement. |
| 106 | (b) Subject to the limitations in this Section 7, you will defend AWS, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. | 91 | (b) Subject to the limitations in this Section 7, you will defend AWS, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party's intellectual property rights, and will pay the amount of any adverse final judgment or settlement. |
| 108 | In addition, AWS will have no obligations or liability arising from your or any End User’s use of the Services after AWS has notified you to discontinue such use. | 93 | In addition, AWS will have no obligations or liability arising from your or any End User's use of the Services after AWS has notified you to discontinue such use. |
| 111 | The obligations under this Section 7 will apply only if the party seeking defense or indemnity: (a) gives the other party prompt written notice of the claim; (b) permits the other party to control the defense and settlement of the claim; and (c) reasonably cooperates with the other party (at the other party’s expense) in the defense and settlement of the claim. | 96 | The obligations under this Section 7 will apply only if the party seeking defense or indemnity: (a) gives the other party prompt written notice of the claim; (b) permits the other party to control the defense and settlement of the claim; and (c) reasonably cooperates with the other party (at the other party's expense) in the defense and settlement of the claim. |
| 114 | THE SERVICES AND AWS CONTENT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR AWS CONTENT OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES OR AWS CONTENT OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. 9. | 99 | THE SERVICES AND AWS CONTENT ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR AWS CONTENT OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES OR AWS CONTENT OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. 9. |
| 146 | We and you further agree that the underlying award in arbitration may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules. | 131 | We and you further agree that the underlying award in arbitration may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules. |
| 163 | Disputes will be resolved by arbitration administered by the Australian Center for International Commercial Arbitration (“ACICA”) in accordance with the then-applicable ACICA Arbitration Rules, and judgment on the arbitral award may be entered in any court having jurisdiction. | 148 | Disputes will be resolved by arbitration administered by the Australian Center for International Commercial Arbitration ("ACICA") in accordance with the then-applicable ACICA Arbitration Rules, and judgment on the arbitral award may be entered in any court having jurisdiction. |
| 169 | Disputes will be resolved by arbitration administered by the New Zealand Dispute Resolution Centre (“NZDRC”) in accordance with the then-applicable Arbitration Rules of NZDRC, and judgment on the arbitral award may be entered in any court having jurisdiction. | 154 | Disputes will be resolved by arbitration administered by the New Zealand Dispute Resolution Centre ("NZDRC") in accordance with the then-applicable Arbitration Rules of NZDRC, and judgment on the arbitral award may be entered in any court having jurisdiction. |
| 177 | Disputes will be resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the then-applicable Arbitration Rules of SIAC, and judgment on the arbitral award may be entered in any court having jurisdiction. | 162 | Disputes will be resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the then-applicable Arbitration Rules of SIAC, and judgment on the arbitral award may be entered in any court having jurisdiction. |
| 191 | Notwithstanding the foregoing, any party may seek injunctive relief in any court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. | 176 | Notwithstanding the foregoing, any party may seek injunctive relief in any court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. |
| 193 | Disputes will be resolved by arbitration administered by the International Chamber of Commerce International Court of Arbitration (the “ICC Court”) in accordance with the then-applicable arbitration rules (the “ICC Rules”).The arbitration proceedings will be conducted in English, and the seat of arbitration will be Zurich. | 178 | Disputes will be resolved by arbitration administered by the International Chamber of Commerce International Court of Arbitration (the "ICC Court") in accordance with the then-applicable arbitration rules (the "ICC Rules").The arbitration proceedings will be conducted in English, and the seat of arbitration will be Zurich. |
| 200 | Disputes will be resolved by arbitration administered by the Chinese Arbitration Association, Taipei (“ CAA ”) in accordance with the then-applicable Arbitration Rules of CAA, and judgment on the arbitral award may be entered in any court having jurisdiction. | 185 | Disputes will be resolved by arbitration administered by the Chinese Arbitration Association, Taipei (" CAA ") in accordance with the then-applicable Arbitration Rules of CAA, and judgment on the arbitral award may be entered in any court having jurisdiction. |
| 218 | Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services. 11.8 Language. | 203 | Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party's products or services. 11.8 Language. |
| 236 | The Services and AWS Content are provided to the U.S. Government as “commercial services,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Services and AWS Content. | 221 | The Services and AWS Content are provided to the U.S. Government as "commercial services," "commercial computer software," "commercial computer software documentation," and "technical data" with the same rights and restrictions generally applicable to the Services and AWS Content. |
| 237 | If you are using the Services and AWS Content on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Services and AWS Content. | 222 | If you are using the Services and AWS Content on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Services and AWS Content. |
| 238 | The terms “commercial service” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 11.13 No Waivers. | 223 | The terms "commercial service" "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 11.13 No Waivers. |
| 245 | (ii) If this Agreement is a “consumer contract” or “small business contract” as defined in the Australian Competition and Consumer Act 2010: a. | 230 | (ii) If this Agreement is a "consumer contract" or "small business contract" as defined in the Australian Competition and Consumer Act 2010: a. |
| 246 | Section 7.1 will not apply to the extent the applicable Losses or damages are caused by AWS’s gross negligence or criminal misconduct. | 231 | Section 7.1 will not apply to the extent the applicable Losses or damages are caused by AWS's gross negligence or criminal misconduct. |
| 247 | For these purposes, “gross negligence” means an act or omission by an employee who has authority to bind AWS that is negligent and a wilful and significant disregard of an obvious and material risk. b. | 232 | For these purposes, "gross negligence" means an act or omission by an employee who has authority to bind AWS that is negligent and a wilful and significant disregard of an obvious and material risk. b. |
| 249 | If we modify this Agreement under Section 10 in a way that is materially adverse to you (as reasonably determined by AWS), we will give you at least 30 days’ prior notice of the modification by email or a reasonably substitutable alternative means. | 234 | If we modify this Agreement under Section 10 in a way that is materially adverse to you (as reasonably determined by AWS), we will give you at least 30 days' prior notice of the modification by email or a reasonably substitutable alternative means. |
| 250 | (b) If the applicable AWS Contracting Party is Amazon Web Services Japan G.K., the parties agree as follows: (i) The following sentence is added at the end of Section 6.5 (Suggestions): “The foregoing assignment includes the assignment of the rights provided under Article 27 (Rights of Translation, Adaptation, etc.) and Article 28 (Right of the Original Author in the Exploitation of a Derivative Work) of the Copyright Act of Japan, and you agree not to exercise your moral rights against us, our affiliates or persons who use the Suggestions through the consent of us or our affiliates.” (ii) The following sentences are added at the end of Section 9 (Limitation of Liability): “THE DISCLAIMER OR THE DAMAGES CAP IN THIS SECTION MAY NOT BE APPLIED TO DAMAGES CAUSED BY EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IF SUCH DISCLAIMER OR THE DAMAGES CAP ARE DEEMED AGAINST PUBLIC POLICY UNDER ARTICLE 90 OF THE CIVIL CODE. | 235 | (b) If the applicable AWS Contracting Party is Amazon Web Services Japan G.K., the parties agree as follows: (i) The following sentence is added at the end of Section 6.5 (Suggestions): "The foregoing assignment includes the assignment of the rights provided under Article 27 (Rights of Translation, Adaptation, etc.) and Article 28 (Right of the Original Author in the Exploitation of a Derivative Work) of the Copyright Act of Japan, and you agree not to exercise your moral rights against us, our affiliates or persons who use the Suggestions through the consent of us or our affiliates." (ii) The following sentences are added at the end of Section 9 (Limitation of Liability): "THE DISCLAIMER OR THE DAMAGES CAP IN THIS SECTION MAY NOT BE APPLIED TO DAMAGES CAUSED BY EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IF SUCH DISCLAIMER OR THE DAMAGES CAP ARE DEEMED AGAINST PUBLIC POLICY UNDER ARTICLE 90 OF THE CIVIL CODE. |
| 251 | IN THAT EVENT, THE SCOPE OF THE DISCLAIMER SHALL BE NARROWLY CONSTRUED IN SUCH MANNER AND THE DAMAGES CAP MAY BE INCREASED BY SUCH MINIMUM AMOUNT SO THAT THE DISCLAIMER OR THE DAMAGES CAP HEREUNDER WOULD NOT BE DEEMED AGAINST PUBLIC POLICY UNDER ARTICLE 90 OF THE CIVIL CODE.” (c) If the applicable AWS Contracting Party is AWS Turkey Pazarlama Teknoloji ve Danışmanlık Hizmetleri Limited Şirketi, the parties agree as follows: (i) The following sentence is added at the end of Section 3.2(a) (Taxes): “If we are required to pay any stamp tax in relation to this Agreement or any other document related to this Agreement, we may charge you and you will pay us 50% of the amounts of any stamp tax paid by us.” (d) If the applicable AWS Contracting Party is Amazon Web Services Malaysia Sdn. | 236 | IN THAT EVENT, THE SCOPE OF THE DISCLAIMER SHALL BE NARROWLY CONSTRUED IN SUCH MANNER AND THE DAMAGES CAP MAY BE INCREASED BY SUCH MINIMUM AMOUNT SO THAT THE DISCLAIMER OR THE DAMAGES CAP HEREUNDER WOULD NOT BE DEEMED AGAINST PUBLIC POLICY UNDER ARTICLE 90 OF THE CIVIL CODE." (c) If the applicable AWS Contracting Party is AWS Turkey Pazarlama Teknoloji ve Danışmanlık Hizmetleri Limited Şirketi, the parties agree as follows: (i) The following sentence is added at the end of Section 3.2 (Taxes): "If we are required to pay any stamp tax in relation to this Agreement or any other document related to this Agreement, we may charge you and you will pay us 50% of the amounts of any stamp tax paid by us." (d) If the applicable AWS Contracting Party is Amazon Web Services Malaysia Sdn. |
| 252 | Bhd., the parties agree as follows: Section 9.1 (Liability Disclaimers) is deleted and replaced with the following: “9.1 Liability Disclaimers. | 237 | Bhd., the parties agree as follows: Section 9.1 (Liability Disclaimers) is deleted and replaced with the following: "9.1 Liability Disclaimers. |
| 253 | EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 7, NEITHER AWS NOR YOU, NOR ANY OF THEIR AFFILIATES OR LICENSORS, WILL HAVE LIABILITY TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF YOUR CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SERVICES OR AWS CONTENT (THIS DOES NOT LIMIT ANY SERVICE CREDITS UNDER SERVICE LEVEL AGREEMENTS).” (e) If the applicable AWS Contracting Party is Amazon Web Services EMEA SARL, and your Account Country is located within the European Union, the parties agree as follows: Section 7.1 (Indemnification; General) will not apply to the extent the applicable Losses or damages are caused by AWS’s gross negligence or willful misconduct. | 238 | EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 7, NEITHER AWS NOR YOU, NOR ANY OF THEIR AFFILIATES OR LICENSORS, WILL HAVE LIABILITY TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF YOUR CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SERVICES OR AWS CONTENT (THIS DOES NOT LIMIT ANY SERVICE CREDITS UNDER SERVICE LEVEL AGREEMENTS)." (e) If the applicable AWS Contracting Party is Amazon Web Services EMEA SARL, and your Account Country is located within the European Union, the parties agree as follows: Section 7.1 (Indemnification; General) will not apply to the extent the applicable Losses or damages are caused by AWS's gross negligence or willful misconduct. |
| 254 | In addition, none of the disclaimers or damage caps set forth in Section 9 (Limitations of Liability) will exclude or limit either party’s liability for such party’s gross negligence or willful misconduct. 12. | 239 | In addition, none of the disclaimers or damage caps set forth in Section 9 (Limitations of Liability) will exclude or limit either party's liability for such party's gross negligence or willful misconduct. |
| 255 | Definitions. “Acceptable Use Policy” means the policy located at https://aws.amazon.com/aup (and any successor or related locations designated by us), as may be updated by us from time to time. “Account Country” is the country/territory associated with your account. | 240 | (f) If the applicable AWS Contracting Party is Amazon Web Services India Private Limited ("AWS India") (formerly known as Amazon Internet Services Private Limited), the parties agree as follows: Section 3.2 (Taxes) is deleted and replaced with the following: "3.2 Taxes. |
| 241 | You acknowledge that AWS India may display the applicable fees and charges for the Services on the Site in USD (or such other currency as AWS India may deem fit). | ||
| 242 | However, AWS India will invoice you in INR calculated and converted in accordance with the conversion rate determined by us on the date of invoice ("INR Equivalent Fees"). | ||
| 243 | You will only be liable to pay the INR Equivalent Fees indicated in each invoice. | ||
| 244 | We will invoice you from our registered office at the address of your establishment (as registered with the tax authorities, if applicable) receiving the Services in accordance with the applicable indirect tax laws. | ||
| 245 | All fees and charges payable under this Agreement will be exclusive of applicable national, state or local indirect taxes ("Taxes") that AWS India is legally obligated to charge under applicable law. | ||
| 246 | For the purpose of this clause, local indirect taxes include Goods and Services Tax ("GST"), which includes the Central Goods and Services Tax ("CGST"), the State Goods and Services Tax ("SGST"), the Union Territory Goods and Services Tax ("UGST"), the Integrated Goods and Services Tax ("IGST") as may be applicable. | ||
| 247 | The Taxes charged by AWS India will be stated in the invoice pursuant to applicable laws. | ||
| 248 | AWS India may charge and you will pay any applicable Taxes, which are stated separately on the invoice. | ||
| 249 | As per the statutory requirement under GST, you will provide all necessary information such as the correct GST registered address, legal name and GSTIN ("GST Information") in order for AWS India to issue correct GST invoices as per the applicable legal requirements. | ||
| 250 | If you are a GST-registered entity in India, you must notify AWS India by contacting AWS Customer Support before rejecting an incorrect invoice or credit note on the Invoice Management System (IMS). | ||
| 251 | You agree you will not reject any invoice or credit note that is correct. | ||
| 252 | AWS India will determine the place of supply for the Services based on the GST Information provided by you and accordingly, charge GST (CGST and SGST/UTGST or IGST) on its invoice. | ||
| 253 | Any withholding taxes that may be applicable to the fees and charges payable to us are for our account. | ||
| 254 | You will pay the fees and charges in our invoice in full (gross) without applying any withholding taxes. | ||
| 255 | If you separately deposit applicable withholding taxes on such fees and charges to the applicable government treasury and issue us a withholding tax certificate evidencing such deposit, following receipt of the withholding tax certificate in original form, we will reimburse to you an amount equal to the taxes that are evidenced as deposited." 12. | ||
| 256 | Definitions. | ||
| 257 | "Acceptable Use Policy" means the policy located at https://aws.amazon.com/aup (and any successor or related locations designated by us), as may be updated by us from time to time. | ||
| 258 | "Account Country" is the country/territory associated with your account. | ||
| 257 | If you have not provided a valid tax registration, then your Account Country is the country/territory where your billing address is located, except if you have a credit card associated with your AWS account that is issued in a different country/territory and your contact address is also in that country/territory, then your Account Country is that different country/territory. “Account Information” means information about you that you provide to us in connection with the creation or administration of your AWS account. | 260 | If you have not provided a valid tax registration, then your Account Country is the country/territory where your billing address is located, except if you have a credit card associated with your AWS account that is issued in a different country/territory and your contact address is also in that country/territory, then your Account Country is that different country/territory. |
| 258 | For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your AWS account. “API” means an application program interface. “AWS Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners, or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. | 261 | "Account Information" means information about you that you provide to us in connection with the creation or administration of your AWS account. |
| 259 | AWS Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. | 262 | For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your AWS account. |
| 260 | AWS Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the AWS Confidential Information. “AWS Content” means APIs, WSDLs, sample code, software libraries, command line tools, proofs of concept, templates, advice, information, programs (including credit programs) and any other Content made available by us and our affiliates related to use of the Services or on the AWS Site and other related technology (including any of the foregoing that are provided by our personnel). | 263 | "API" means an application program interface. |
| 264 | "AWS Confidential Information" means all nonpublic information disclosed by us, our affiliates, business partners, or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. | ||
| 265 | AWS Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners' technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. | ||
| 266 | AWS Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the AWS Confidential Information. | ||
| 267 | "AWS Content" means APIs, WSDLs, sample code, software libraries, command line tools, proofs of concept, templates, advice, information, programs (including credit programs) and any other Content made available by us and our affiliates related to use of the Services or on the AWS Site and other related technology (including any of the foregoing that are provided by our personnel). | ||
| 269 | Sudirman Kav. 21, RT 12/RW 01, Karet, Setiabudi, Jakarta Selatan, Jakarta 12920, Indonesia Japan Amazon Web Services Japan G.K. N/A 1-1, Kamiosaki 3-chome, Shinagawa-ku, Tokyo, 141-0021, Japan Malaysia Amazon Web Services Malaysia Sdn. | 276 | Sudirman Kav. 21, RT 12/RW 01, Karet, Setiabudi, Jakarta Selatan, Jakarta 12920, Indonesia Japan Amazon Web Services Japan G.K. N/A 1-3-1 Azabudai, Minato-ku, Tokyo, 106-0041, Japan Malaysia Amazon Web Services Malaysia Sdn. |
| 275 | If your billing address is located in Brazil but you have not provided a valid Brazilian Tax Registration Number (CPF/CNPJ number), then Amazon Web Services, Inc. is the AWS Contracting Party for your account. **See https://aws.amazon.com/legal/aws-emea-countries for a full list of EMEA countries. “AWS Marks” means any trademarks, service marks, service or trade names, logos, and other designations of AWS and its affiliates that we may make available to you in connection with this Agreement. “AWS Site” means http://aws.amazon.com (and any successor or related locations designated by us), as may be updated by us from time to time. “AWS Trademark Guidelines” means the guidelines and trademark license located at http://aws.amazon.com/trademark-guidelines/ (and any successor or related locations designated by us), as may be updated by us from time to time. “Content” means software (including machine images), data, text, audio, video, or images. “End User” means any individual or entity that directly or indirectly through another user (a) accesses or uses Your Content, or (b) otherwise accesses or uses the Services under your account. | 282 | If your billing address is located in Brazil but you have not provided a valid Brazilian Tax Registration Number (CPF/CNPJ number), then Amazon Web Services, Inc. is the AWS Contracting Party for your account. **See https://aws.amazon.com/legal/aws-emea-countries for a full list of EMEA countries. |
| 276 | The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own AWS account, rather than under your account. | 283 | "AWS Marks" means any trademarks, service marks, service or trade names, logos, and other designations of AWS and its affiliates that we may make available to you in connection with this Agreement. |
| 277 | "Governing Laws" and “Governing Courts” mean, for each AWS Contracting Party, the laws and courts set forth in the following table: Governing Laws and Governing Courts AWS Contracting Party Governing Laws Governing Courts Amazon AWS Serviços Brasil Ltda The laws of Brazil The courts of the City of São Paulo, State of São Paulo Amazon Web Services Australia Pty Ltd (ABN: 63 605 345 891) The laws of New South Wales The courts of New South Wales Amazon Web Services Canada, Inc The laws of the Province of Ontario, Canada and federal laws of Canada applicable therein The provincial or federal courts located in Toronto, Ontario, Canada Amazon Web Services EMEA SARL The laws of the Grand Duchy of Luxembourg The courts in the district of Luxembourg City Amazon Web Services, Inc. | 284 | "AWS Site" means http://aws.amazon.com (and any successor or related locations designated by us), as may be updated by us from time to time. |
| 285 | "AWS Trademark Guidelines" means the guidelines and trademark license located at http://aws.amazon.com/trademark-guidelines/ (and any successor or related locations designated by us), as may be updated by us from time to time. | ||
| 286 | "Content" means software (including machine images), data, text, audio, video, or images. | ||
| 287 | "End User" means any individual or entity that directly or indirectly through another user (a) accesses or uses Your Content, or (b) otherwise accesses or uses the Services under your account. | ||
| 288 | The term "End User" does not include individuals or entities when they are accessing or using the Services or any Content under their own AWS account, rather than under your account. | ||
| 289 | "Governing Laws" and "Governing Courts" mean, for each AWS Contracting Party, the laws and courts set forth in the following table: Governing Laws and Governing Courts AWS Contracting Party Governing Laws Governing Courts Amazon AWS Serviços Brasil Ltda The laws of Brazil The courts of the City of São Paulo, State of São Paulo Amazon Web Services Australia Pty Ltd (ABN: 63 605 345 891) The laws of New South Wales The courts of New South Wales Amazon Web Services Canada, Inc The laws of the Province of Ontario, Canada and federal laws of Canada applicable therein The provincial or federal courts located in Toronto, Ontario, Canada Amazon Web Services EMEA SARL The laws of the Grand Duchy of Luxembourg The courts in the district of Luxembourg City Amazon Web Services, Inc. | ||
| 280 | (Registration No. 201501028710 (1154031-W)) The laws of Malaysia The courts of Malaysia Amazon Web Services Mexico, S. de R.L. de C.V. The laws of Mexico The federal courts located in Mexico City, Mexico Amazon Web Services New Zealand Limited The laws of New Zealand The courts of New Zealand Amazon Web Services Singapore Private Limited The laws of the State of Washington The state or Federal courts in King County, Washington Amazon Web Services South Africa Proprietary Limited The laws of the Republic of South Africa The South Gauteng High Court, Johannesburg Amazon Web Services Taiwan Limited The laws of Taiwan Taipei District Court, Taiwan AWS Turkey Pazarlama Teknoloji ve Danışmanlık Hizmetleri Limited Şirketi The laws of the Grand Duchy of Luxembourg The courts in the district of Luxembourg City PT Amazon Web Services Indonesia The laws of the State of Washington The state or Federal courts in King County, Washington “Indirect Taxes” means applicable taxes and duties, including, without limitation, VAT, service tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax. “Intellectual Property License” means the separate license terms that apply to your access to and use of AWS Content and Services located at https://aws.amazon.com/legal/aws-ip-license-terms (and any successor or related locations designated by us), as may be updated by us from time to time. “Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees). “Policies” means the Acceptable Use Policy, Privacy Notice, the Site Terms, the Service Terms, and the AWS Trademark Guidelines. “Privacy Notice” means the privacy notice located at http://aws.amazon.com/privacy (and any successor or related locations designated by us), as may be updated by us from time to time. “Service” means each of the services made available by us or our affiliates, including those web services described in the Service Terms. | 292 | (Registration No. 201501028710 (1154031-W)) The laws of Malaysia The courts of Malaysia Amazon Web Services Mexico, S. de R.L. de C.V. The laws of Mexico The federal courts located in Mexico City, Mexico Amazon Web Services New Zealand Limited The laws of New Zealand The courts of New Zealand Amazon Web Services Singapore Private Limited The laws of the State of Washington The state or Federal courts in King County, Washington Amazon Web Services South Africa Proprietary Limited The laws of the Republic of South Africa The South Gauteng High Court, Johannesburg Amazon Web Services Taiwan Limited The laws of Taiwan Taipei District Court, Taiwan AWS Turkey Pazarlama Teknoloji ve Danışmanlık Hizmetleri Limited Şirketi The laws of the Grand Duchy of Luxembourg The courts in the district of Luxembourg City PT Amazon Web Services Indonesia The laws of the State of Washington The state or Federal courts in King County, Washington "Indirect Taxes" means applicable taxes and duties, including, without limitation, VAT, service tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax. |
| 281 | Services do not include Third-Party Content. “Service Level Agreement” means all service level agreements that we offer with respect to the Services and post on the AWS Site, as they may be updated by us from time to time. | 293 | "Intellectual Property License" means the separate license terms that apply to your access to and use of AWS Content and Services located at https://aws.amazon.com/legal/aws-ip-license-terms (and any successor or related locations designated by us), as may be updated by us from time to time. |
| 282 | The service level agreements we offer with respect to the Services are located at https://aws.amazon.com/legal/service-level-agreements/ (and any successor or related locations designated by us), as may be updated by us from time to time. “Service Terms” means the rights and restrictions for particular Services located at http://aws.amazon.com/serviceterms (and any successor or related locations designated by us), as may be updated by us from time to time. “Site Terms” means the terms of use of the AWS Site located at http://aws.amazon.com/terms/ (and any successor or related locations designated by us), as may be updated by us from time to time. “Suggestions” means all suggested improvements to the Services or AWS Content that you provide to us. “Term” means the term of this Agreement described in Section 5.1. "Termination Date” means the effective date of termination provided in a notice from one party to the other in accordance with Section 5. “Third-Party Content” means Content made available to you by any third party on the AWS Site or in conjunction with the Services. “Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your AWS account and any computational results that you or any End User derive from the foregoing through their use of the Services. | 294 | "Losses" means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees). |
| 295 | "Policies" means the Acceptable Use Policy, Privacy Notice, the Site Terms, the Service Terms, and the AWS Trademark Guidelines. | ||
| 296 | "Privacy Notice" means the privacy notice located at http://aws.amazon.com/privacy (and any successor or related locations designated by us), as may be updated by us from time to time. | ||
| 297 | "Service" means each of the services made available by us or our affiliates, including those web services described in the Service Terms. | ||
| 298 | Services do not include Third-Party Content. | ||
| 299 | "Service Level Agreement" means all service level agreements that we offer with respect to the Services and post on the AWS Site, as they may be updated by us from time to time. | ||
| 300 | The service level agreements we offer with respect to the Services are located at https://aws.amazon.com/legal/service-level-agreements/ (and any successor or related locations designated by us), as may be updated by us from time to time. | ||
| 301 | "Service Terms" means the rights and restrictions for particular Services located at http://aws.amazon.com/serviceterms (and any successor or related locations designated by us), as may be updated by us from time to time. | ||
| 302 | "Site Terms" means the terms of use of the AWS Site located at http://aws.amazon.com/terms/ (and any successor or related locations designated by us), as may be updated by us from time to time. | ||
| 303 | "Suggestions" means all suggested improvements to the Services or AWS Content that you provide to us. | ||
| 304 | "Term" means the term of this Agreement described in Section 5.1. "Termination Date" means the effective date of termination provided in a notice from one party to the other in accordance with Section 5. | ||
| 305 | "Third-Party Content" means Content made available to you by any third party on the AWS Site or in conjunction with the Services. | ||
| 306 | "Your Content" means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your AWS account and any computational results that you or any End User derive from the foregoing through their use of the Services. | ||
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