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Last Updated: December 26, 2024

This is an agreement between you and �鶹��.com.ca ULC (with its affiliates, "�鶹��", "we" or "us") regarding the �鶹�� Fire TV and �鶹�� Fire TV Recast & Blaster mobile applications and associated software (each, the “App” and collectively, the "Apps"). Before using the App, please read these Terms of Use, all rules and policies related to the App (including any specific rules, usage restrictions and other conditions or procedures that we post or update on or through the App or on �鶹��.ca), the �鶹��.ca Privacy Notice and the �鶹��.ca Conditions of Use (collectively, the "Agreement"). If you use the App, you are agreeing to the terms and conditions of the Agreement.

1. The Apps. The Apps allow you to use a mobile device to navigate and control playback of content on your �鶹�� Fire TV device or Fire TV device that is developed and manufactured by a third party (collectively, "Fire TV Product"), to play compatible games on your Fire TV Product, and to set up and use your Fire TV Blaster. Your use of any �鶹�� Fire TV device is subject to �鶹�� Device Terms of Use, and your use of any Fire TV device that is developed and manufactured by a third party is subject to �鶹�� Services Terms of Use.

2. App Software. Terms contained in the �鶹��.ca Conditions of Use apply to your use of the App's software.

3. Information Provided to �鶹��. The App may provide �鶹�� with information such as problem reports, usage logs, your device type, network connectivity, content used through the App, or occurrences of technical errors and other information regarding your use of the App and the device on which you use the App. Any information we receive is subject to the �鶹��.ca Privacy Notice.

4. General

4.1 Changes; Amendments. We may change, suspend or discontinue the App, or any part of it, at any time without notice. We may amend the Agreement at our sole discretion by posting the revised terms. Your continued use of the App after any amendment evidences your agreement to be bound by it.

4.2 Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with the terms of the Agreement. �鶹��'s failure to enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. We may terminate the Agreement or restrict, suspend, or terminate your use of the App at our discretion at any time without notice. If any current or future provision of this Agreement is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of this Agreement.

4.3 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the App is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the �鶹��.ca Conditions of Use. You agree to those terms by using the App.

4.4 Limitations of Liability. The laws of certain jurisdictions, including Quebec's Consumer Protection Act, do not allow the exclusion or limitation of liability or of certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you, and you might have additional rights. Without limiting the disclaimer of warranties and limitation of liability in the �鶹��.ca Conditions of Use, in no event will our or our licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the App exceed the amount of fifty dollars ($50.00). These limitations will apply to you even if the remedies fail of their essential purpose.

4.5 Contact Information. For communications concerning the Agreement, please write to �鶹��.com, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226.

4.6 Governing Language. The parties have expressly requested that this Agreement and all documents related thereto be drafted in English. 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.