AWS Marketplace EULA

SOFTWARE END USER LICENSE AGREEMENT FOR AWS MARKETPLACE

This Software End User License Agreement (the “EULA”) is a legal agreement between INK Content, Inc., a Delaware corporation (“INK”), also known by its product SmythOS, and you (either an individual or an entity, “Customer” or “You”) for the use of SmythOS services through AWS Marketplace.

This EULA incorporates by reference the SmythOS Terms of Service available at https://smythos.com/legal/terms-of-service/ (“Terms of Service”). By using the Service through AWS Marketplace, you agree to be bound by both this EULA and the Terms of Service. In the event of any conflict between this EULA and the Terms of Service, this EULA shall control solely with respect to Use of the Service through AWS Marketplace.

  1. PREREQUISITES AND REQUIREMENTS Customer acknowledges and agrees that: (a) The Service enables deployment and hosting of AI agents on AWS Marketplace that were created using SmythOS tools. (b) Creation of AI agents requires use of SmythOS tools, which are available at smythos.com. (c) While agent creation tools are available at no cost, deployment and hosting of agents through AWS Marketplace is subject to the fees and terms described in this EULA.
  2. AWS MARKETPLACE RELATIONSHIP (a) The Service is made available through AWS Marketplace under the terms of this EULA. (b) Amazon Web Services, Inc. and its affiliates (“AWS”) is not a party to this EULA. (c) No terms of this EULA shall modify, amend or transfer any rights under the AWS Customer Agreement. (d) Customer’s use of AWS services in connection with the Service shall be governed by the AWS Customer Agreement.
  3. SUBSCRIPTION AND PAYMENT TERMS (a) All Subscription Fees for the AWS Marketplace Service shall be billed and collected through AWS Marketplace. (b) Customer shall maintain a valid payment method through AWS Marketplace. (c) Service suspension or termination may occur for AWS payment failures.
  4. SUPPORT SERVICES (a) Primary support shall be provided by INK at [email protected]. (b) Support requests must include: (i) AWS Marketplace subscription ID (ii) SmythOS primary user email address (c) AWS shall have no obligation to provide support for the Service. (d) Support requests related to AWS Infrastructure must be directed to AWS support channels.
  5. WARRANTIES AND DISCLAIMERS (a) AWS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR LICENSED MATERIALS. (b) AWS SHALL HAVE NO LIABILITY FOR THE SERVICE, LICENSED MATERIALS, OR ANY CUSTOMER DATA. (c) Customer acknowledges that Service availability depends on AWS Infrastructure.
  6. TERMINATION (a) If this EULA is terminated or expires, Customer’s access to the Service through AWS Marketplace will automatically terminate. (b) Customer remains responsible for all AWS charges through the termination date. (c) Post-termination Customer Data handling shall be governed by the Terms of Service.
  7. GENERAL PROVISIONS (a) This EULA shall be governed by the laws of the State of Texas without giving effect to any choice of law rules. (b) INK and Customer hereby irrevocably agree that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to this EULA shall be in an appropriate federal or state court in the State of Texas located in Harris County. (c) INK may modify this EULA as required to comply with AWS Marketplace requirements upon notice to Customer. (d) If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

BY USING THE SERVICE THROUGH AWS MARKETPLACE, CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND THE TERMS OF SERVICE.

Last updated: October 24, 2024