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Published: July 30, 2023
Effective: September 30, 2023
Print
Introduction to the Microsoft Services Agreement
The Microsoft Services Agreement is an agreement between you and Microsoft (or
one of its affiliates) that governs your use of Microsoft consumer online
products and services.
We understand that you may have questions about the Microsoft Services
Agreement. We have an FAQ page
(https://www.microsoft.com/en-us/servicesagreement/faq) that provides more
information, including what Microsoft products and services it covers. Whenever
we make changes, we provide a summary of the most notable changes to the current
Microsoft Services Agreement. We will also continue to provide a summary of the
changes to the previous version, and a link to the previous version, of the
Microsoft Services Agreement on the Summary of Changes
(https://www.microsoft.com/en-us/servicesagreement/updates) page.
Summary of Arbitration Provisions
The Microsoft Services Agreement contains binding arbitration and class action
waiver terms that apply to U.S. residents. You and we agree to submit disputes
to a neutral arbitrator and not to sue in court in front of a judge or jury,
except in small claims court. Please see Section 15 for details.
ESTIMATED READING TIME: 55 Minutes; 14268 words
MICROSOFT SERVICES AGREEMENT
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES,
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION
15. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These terms (“Terms”) cover the use of those Microsoft consumer products,
websites, and services listed at the end of these Terms here
(https://www.microsoft.com/servicesagreement#serviceslist) (the “Services”). You
accept these Terms by creating a Microsoft account, through your use of the
Services, or by continuing to use the Services after being notified of a change
to these Terms.
Your Privacy
Your Content
Code of Conduct
Using the Services & Support
Using Third-Party Apps and Services
Service Availability
Updates to the Services or Software, and Changes to These Terms
Software License
Payment Terms
Contracting Entity, Choice of Law, Jurisdiction
Warranties
Limitation of Liability
Service-Specific Terms
Xbox
Store
Microsoft Family Features
Group Messaging
Skype, Microsoft Teams, and GroupMe
Bing and MSN
Cortana
Microsoft 365 Apps and Services
Health Bots
Digital Goods
Microsoft Storage
Microsoft Rewards
Azure
Microsoft Soundscape
Power Platform
Dynamics 365
AI Services
Binding Arbitration and Class Action Waiver
Miscellaneous
NOTICES
STANDARD APPLICATION LICENSE TERMS
Covered Services
YOUR PRIVACY
1. Your Privacy. Your privacy is important to us. Please read the Microsoft
Privacy Statement (https://go.microsoft.com/fwlink/?LinkId=521839) (the "Privacy
Statement") as it describes the types of data we collect from you and your
devices ("Data"), how we use your Data, and the legal bases we have to process
your Data. The Privacy Statement also describes how Microsoft uses your content,
which is your communications with others; postings submitted by you to Microsoft
via the Services; and the files, photos, documents, audio, digital works,
livestreams and videos that you upload, store, broadcast, create, generate, or
share through the Services or inputs that you submit in order to generate
content ("Your Content"). Where processing is based on consent and to the extent
permitted by law, by agreeing to these Terms, you consent to Microsoft’s
collection, use and disclosure of Your Content and Data as described in the
Privacy Statement. In some cases, we will provide separate notice and request
your consent as referenced in the Privacy Statement.
YOUR CONTENT
2. Your Content. Many of our Services allow you to create, store or share Your
Content or receive material from others. We don’t claim ownership of Your
Content. Your Content remains yours and you are responsible for it.
* a. When you share Your Content with other people, you understand that they
may be able to, on a worldwide basis, use, save, record, reproduce,
broadcast, transmit, share and display Your Content for the purpose that you
made Your Content available on the Services without compensating you. If you
do not want others to have that ability, do not use the Services to share
Your Content. You represent and warrant that for the duration of these Terms,
you have (and will have) all the rights necessary for Your Content that is
uploaded, stored, or shared on or through the Services and that the
collection, use, and retention of Your Content will not violate any law or
rights of others. Microsoft cannot be held responsible for Your Content or
the material others upload, store or share using the Services.
* b. To the extent necessary to provide the Services to you and others, to
protect you and the Services, and to improve Microsoft products and services,
you grant to Microsoft a worldwide and royalty-free intellectual property
license to use Your Content, for example, to make copies of, retain,
transmit, reformat, display, and distribute via communication tools Your
Content on the Services. If you publish Your Content in areas of the Service
where it is available broadly online without restrictions, Your Content may
appear in demonstrations or materials that promote the Service. Some of the
Services are supported by advertising. Controls for how Microsoft
personalizes advertising are available at https://choice.live.com
(https://go.microsoft.com/fwlink/?LinkId=286759). We do not use what you say
in email, chat, video calls or voice mail, or your documents, photos or other
personal files, to target advertising to you. Our advertising policies are
covered in detail in the Privacy Statement.
CODE OF CONDUCT
3. Code of Conduct. You are accountable for your conduct and content when using
the Services.
* a. By agreeing to these Terms, you’re agreeing that, when using the Services,
you will follow these rules:
* i. Don’t do anything illegal, or try to generate or share content that is
illegal.
* ii. Don’t engage in any activity that exploits, harms, or threatens to harm
children.
* iii. Don’t send spam or engage in phishing, or try to generate or
distribute malware. Spam is unwanted or unsolicited bulk email, postings,
contact requests, SMS (text messages), instant messages, or similar
electronic communications. Phishing is sending emails or other electronic
communications to fraudulently or unlawfully induce recipients to reveal
personal or sensitive information, such as passwords, dates of birth,
Social Security numbers, passport numbers, credit card information,
financial information, or other sensitive information, or to gain access to
accounts or records, exfiltration of documents or other sensitive
information, payment and/or financial benefit. Malware includes any
activity designed to cause technical harm, such as delivering malicious
executables, organizing denial of service attacks or managing command and
control servers.
* iv. Don’t publicly display or use the Services to generate or share
inappropriate content or material (involving, for example, nudity,
bestiality, pornography, offensive language, graphic violence, self-harm,
or criminal activity).
* v. Don’t engage in activity that is fraudulent, false or misleading (e.g.,
asking for money under false pretenses, impersonating someone else,
creating fake accounts, automating inauthentic activity, generating or
sharing content that is intentionally deceptive, manipulating the Services
to increase play count, or affect rankings, ratings, or comments).
* vi. Don’t circumvent any restrictions on access to, usage, or availability
of the Services (e.g., attempting to “jailbreak” an AI system or
impermissible scraping).
* vii. Don’t engage in activity that is harmful to you, the Services, or
others (e.g., transmitting viruses, stalking, trying to generate or sharing
content that harasses, bullies or threatens others, posting terrorist or
violent extremist content, communicating hate speech, or advocating
violence against others).
* viii. Don’t violate or infringe upon the rights of others (e.g.,
unauthorized sharing of copyrighted music or other copyrighted material,
resale or other distribution of Bing maps, or taking photographs or
video/audio recordings of others without their consent for processing of an
individual’s biometric identifiers/information or any other purpose using
any of the Services).
* ix. Don’t engage in activity that violates the privacy of others.
* x. Don’t help others break these rules.
* More information about our policies, moderation and enforcement processes and
service specific terms is available at aka.ms/trustandsafety.
USING THE SERVICES & SUPPORT
4. Using the Services & Support.
* a. Microsoft account. You’ll need a Microsoft account to access many of the
Services. Your Microsoft account lets you sign in to products, websites and
services provided by Microsoft and some Microsoft partners.
* i. Creating an Account. You can create a Microsoft account by signing up
online. You agree not to use any false, inaccurate or misleading
information when signing up for your Microsoft account. In some cases, a
third party, like your Internet service provider, may have assigned a
Microsoft account to you. If you received your Microsoft account from a
third party, the third party may have additional rights over your account,
like the ability to access or delete your Microsoft account. Please review
any additional terms the third party provided you, as Microsoft has no
responsibility regarding these additional terms. If you create a Microsoft
account on behalf of an entity, such as your business or employer, you
represent that you have the legal authority to bind that entity to these
Terms. You cannot transfer your Microsoft account credentials to another
user or entity. To protect your account, keep your account details and
password confidential. You are responsible for all activity that occurs
under your Microsoft account.
* ii. Account Use. You must use your Microsoft account to keep it active.
This means you must sign in at least once in a two-year period to keep your
Microsoft account, and associated Services, active, unless a longer period
is provided in the Microsoft account activity policy at
https://go.microsoft.com/fwlink/p/?linkid=2086738 or in an offer for a paid
portion of the Services. If you don’t sign in during this time, we will
assume your Microsoft account is inactive and will close it for you. Please
see section 4.a.iv.2 for the consequences of a closed Microsoft account.
You must sign into your Outlook.com inbox and your OneDrive (separately) at
least once in a one-year period, otherwise we will close your Outlook.com
inbox and your OneDrive for you. If we reasonably suspect that your
Microsoft account is at risk of being used by a third party fraudulently
(for example, as a result of an account compromise), Microsoft may suspend
your account until you can reclaim ownership. Based on the nature of the
compromise, we may be required to disable access to some or all of Your
Content. If you are having trouble accessing your Microsoft account, please
visit this website: https://go.microsoft.com/fwlink/?LinkId=238656.
* iii. Kids and Accounts. By creating a Microsoft account or using the
Services, you accept and agree to be bound by these Terms and represent
that you have either reached the age of "majority" where you live or your
parent or legal guardian agrees to be bound by these Terms on your behalf.
If you do not know whether you have reached the age of majority where you
live, or do not understand this section, please ask your parent or legal
guardian for help. If you are the parent or legal guardian of a minor, you
and the minor accept and agree to be bound by these Terms and are
responsible for all use of the Microsoft account or Services, including
purchases, whether the minor’s account is now open or created later.
* iv. Closing Your Account.
* 1. You can cancel specific Services or close your Microsoft account at
any time and for any reason. To close your Microsoft account, please
visit https://account.live.com/closeaccount.aspx. When you ask us to
close your Microsoft account, you can choose to put it in a suspended
state for either 30 or 60 days just in case you change your mind. After
that 30- or 60-day period, your Microsoft account will be closed. Please
see section 4.a.iv.2 below for an explanation as to what happens when
your Microsoft account is closed. Logging back in during the suspension
period will reactivate your Microsoft account.
* 2. If your Microsoft account is closed (whether by you or us), a few
things happen. First, your right to use the Microsoft account to access
the Services stops immediately. Second, we’ll delete Data or Your Content
associated with your Microsoft account or will otherwise disassociate it
from you and your Microsoft account (unless we are required by law to
keep it, return it, or transfer it to you or a third party identified by
you). You should have a regular backup plan as Microsoft won’t be able to
retrieve Your Content or Data once your account is closed. Third, you may
lose access to products you’ve acquired.
* b. Moderation and Enforcement. Many of our Services that allow you to
interact, create, generate, and share content with others leverage safety
systems to protect our Services and other users.
* i. Policies. Our Code of Conduct identifies what’s prohibited when using
our Services. Specific Services have additional policies and community
standards applicable to their users, which are available here
(https://aka.ms/trustandsafety).
* ii. Reporting a Concern. You can report concerning content or conduct that
may violate our Code of Conduct here (https://aka.ms/reportconcerns).
* iii. Review. Where applicable, we may use automated systems and humans to
review content to identify suspected spam, viruses, fraud, phishing,
malware, jailbreaking, or other illegal or harmful content or conduct.
* iv. Enforcement. We reserve the right to deny content if it exceeds limits
on storage or file size allowed by the Service. We may block, remove or
decline to display content if it appears to violate our Code of Conduct or
another Service policy or where required by law. If you violate these terms
or Service-Specific Terms, we may take action against your account. This
could include limiting access to certain features or Services, stopping
providing Services, closing your Microsoft account immediately or blocking
delivery of a communication (like email, file sharing or instant message)
to or from the Services. Closure of your access to a Service or your
account may result in forfeiture of content licenses, associated content,
memberships, and Microsoft account balances associated with the account.
When reviewing alleged violations of these Terms, Microsoft reserves the
right to review content to resolve the issue. However, we cannot monitor
the entire Services and make no attempt to do so. For more information
about the moderation and enforcement processes, Service specific terms and
appeals, see https://aka.ms/trustandsafety. Information about our policy
relating to claims of intellectual property infringement may be found at
NOTICES.
* c. Work or School Accounts. You can sign into certain Microsoft services with
a work or school email address. If you do, you agree that the owner of the
domain associated with your email address may be notified of the existence of
your Microsoft account and its associated subscriptions, control and
administer your account, and access and process your Data, including the
contents of your communications and files, and that Microsoft may notify the
owner of the domain if the account or Data is compromised. You further agree
that your use of the Microsoft services may be subject to the agreements
Microsoft has with you or your organization and these Terms may not apply. If
you already have a Microsoft account and you use a separate work or school
email address to access Services covered under these Terms, you may be
prompted to update the email address associated with your Microsoft account
in order to continue accessing such Services.
* d. Additional Equipment/Data Plans. To use many of the Services, you’ll need
an internet connection and/or data/cellular plan. You might also need
additional equipment, like a headset, camera or microphone. You are
responsible for providing all connections, plans, and equipment needed to use
the Services and for paying the fees charged by the provider(s) of your
connections, plans, and equipment. Those fees are in addition to any fees you
pay us for the Services and we will not reimburse you for such fees. Check
with your provider(s) to determine if there are any such fees that may apply
to you.
* e. Service Notifications. When there’s something we need to tell you about a
Service you use, we’ll send you Service notifications. If you gave us your
email address or phone number in connection with your Microsoft account, then
we may send Service notifications to you via email or via SMS (text message),
including to verify your identity before registering your mobile phone number
and verifying your purchases. We may also send you Service notifications by
other means (for example by in-product messages). Data or messaging rates may
apply when receiving notifications via SMS.
* f. Support. Customer support for some Services is available at
https://support.microsoft.com. Certain Services may offer separate or
additional customer support, subject to the terms available at
https://microsoft.com/support-service-agreement, unless otherwise specified.
Support may not be available for preview or beta versions of features or
Services.
* g. Ending your Services. If your Services are canceled (whether by you or
us), first your right to access the Services stops immediately and your
license to the software related to the Services ends. Second, we’ll delete
Data or Your Content associated with your Service or will otherwise
disassociate it from you and your Microsoft account (unless we are required
by law to keep it, return it, or transfer it to you or a third party
identified by you). As a result you may no longer be able to access any of
the Services (or Your Content that you’ve stored on those Services). You
should have a regular backup plan. Third, you may lose access to products
you’ve acquired. If you have canceled your Microsoft account and have no
other account able to access the Services your Services may be canceled
immediately.
USING THIRD-PARTY APPS AND SERVICES
5. Using Third-Party Apps and Services. The Services may allow you to access or
acquire products, services, websites, links, content, material, games, skills,
integrations, bots or applications from independent third parties (companies or
people who aren’t Microsoft) ("Third-Party Apps and Services"). Many of our
Services also help you find, make requests to, or interact with Third-Party Apps
and Services or allow you to share Your Content or Data, and you understand that
by using our Services you are directing them to make Third-Party Apps and
Services available to you. The Third-Party Apps and Services may allow you to
store Your Content or Data with the publisher, provider or operator of the
Third-Party Apps and Services. The Third-Party Apps and Services may present you
with a privacy policy or require you to accept their terms before you can
install or use the Third-Party App or Service. See section 14.b for additional
terms for applications acquired through certain Stores owned or operated by
Microsoft or its affiliates (including, but not limited to, the Office Store,
the Microsoft Store on Xbox and the Microsoft Store on Windows). You should
review the third-party terms and privacy policies before acquiring, using,
requesting, or linking your Microsoft Account to any Third-Party Apps and
Services. Any third-party terms do not modify any of these Terms. You are
responsible for your dealings with third parties. Microsoft does not license any
intellectual property to you as part of any Third-Party Apps and Services and is
not responsible or liable to you or others for information or services provided
by any Third-Party Apps and Services.
SERVICE AVAILABILITY
6. Service Availability.
* a. The Services, Third-Party Apps and Services, or material or products
offered through the Services may be unavailable from time to time, may be
offered for a limited time, or may vary depending on your region or device.
If you change the location associated with your Microsoft account, you may
need to re-acquire the material or applications that were available to you
and paid for in your previous region.
* b. We strive to keep the Services up and running; however, all online
services suffer occasional disruptions and outages, and Microsoft is not
liable for any disruption or loss you may suffer as a result. In the event of
an outage, you may not be able to retrieve Your Content or Data that you’ve
stored. We recommend that you regularly backup Your Content and Data that you
store on the Services or store using Third-Party Apps and Services.
UPDATES TO THE SERVICES OR SOFTWARE, AND CHANGES TO THESE TERMS
7. Updates to the Services or Software, and Changes to These Terms.
* a. We may change these Terms at any time, and we’ll tell you when we do.
Using the Services after the changes become effective means you agree to the
new terms. If you don’t agree to the new terms, you must stop using the
Services, close your Microsoft account and, if you are a parent or guardian,
help your minor child close his or her Microsoft account.
* b. Sometimes you’ll need software updates to keep using the Services. We may
automatically check your version of the software and download software
updates or configuration changes. You may also be required to update the
software to continue using the Services. Such updates are subject to these
Terms unless other terms accompany the updates, in which case, those other
terms apply. Microsoft isn’t obligated to make any updates available and we
don’t guarantee that we will support the version of the system or device for
which you purchased or licensed the software, apps, content or other
products.
* c. Additionally, there may be times when we need to remove or change features
or functionality of the Service or stop providing a Service or access to
Third-Party Apps and Services altogether. Except to the extent required by
applicable law, we have no obligation to provide a re-download or replacement
of any material, Digital Goods (defined in section 14.j), or applications
previously purchased. We may release the Services or their features in a
preview or beta version, which may not work correctly or in the same way the
final version may work.
* d. So that you can use material protected with digital rights management
(DRM), like some music, games, movies, books and more, DRM software may
automatically contact an online rights server and download and install DRM
updates.
SOFTWARE LICENSE
8. Software License. Unless accompanied by a separate Microsoft license
agreement (for example, if you are using a Microsoft application that is
included with and a part of Windows, then the Microsoft Software License Terms
for the Windows Operating System govern such software), any software provided by
us to you as part of the Services is subject to these Terms. Applications
acquired through certain Stores owned or operated by Microsoft or its affiliates
(including, but not limited to the Office Store, Microsoft Store on Windows and
Microsoft Store on Xbox) are subject to section 14.b.i below.
* a. If you comply with these Terms, we grant you the right to install and use
one copy of the software per device on a worldwide basis for use by only one
person at a time as part of your use of the Services. For certain devices,
such software may be pre-installed for your personal, non-commercial use of
the Services. The software or website that is part of the Services may
include third-party code. Any third-party scripts or code, linked to or
referenced from the software or website, are licensed to you by the third
parties that own such code, not by Microsoft. Notices, if any, for the
third-party code are included for your information only.
* b. The software is licensed, not sold, and Microsoft reserves all rights to
the software not expressly granted by Microsoft, whether by implication,
estoppel, or otherwise. This license does not give you any right to, and you
may not:
* i. circumvent or bypass any technological protection measures in or
relating to the software or Services;
* ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse
engineer any software or other aspect of the Services that is included in
or accessible through the Services, except and only to the extent that the
applicable copyright law expressly permits doing so;
* iii. separate components of the software or Services for use on different
devices;
* iv. publish, copy, rent, lease, sell, export, import, distribute, or lend
the software or the Services, unless Microsoft expressly authorizes you to
do so;
* v. transfer the software, any software licenses, or any rights to access or
use the Services;
* vi. use the Services in any unauthorized way that could interfere with
anyone else’s use of them or gain access to any service, data, account, or
network;
* vii. enable access to the Services or modify any Microsoft-authorized
device (e.g., Xbox consoles, Microsoft Surface, etc.) by unauthorized
third-party applications.
PAYMENT TERMS
9. Payment Terms. If you purchase a Service, then these payment terms apply to
your purchase and you agree to them.
* a. Charges. If there is a charge associated with a portion of the Services,
you agree to pay that charge. The price stated for the Services excludes all
applicable taxes and currency exchange settlements, unless stated otherwise.
The price for Skype paid products includes a charge for the product and a
charge for taxes. You are solely responsible for paying such taxes or other
charges. Taxes are calculated based on your location at the time your
Microsoft account was registered. We may suspend or cancel the Services if we
do not receive an on time, full payment from you. Suspension or cancellation
of the Services for non-payment could result in a loss of access to and use
of your account and its content. Connecting to the Internet via a corporate
or other private network that masks your location may cause charges to be
different from those displayed for your actual location.
* b. Your Billing Account. To pay the charges for a Service, you will be asked
to provide a payment method at the time you sign up for that Service. You can
access and change your billing information and payment method on the
Microsoft account management website
(https://go.microsoft.com/fwlink/p/?linkid=618281) and for Skype by signing
into your account portal at https://skype.com/go/myaccount. Additionally, you
agree to permit Microsoft to use any updated account information regarding
your selected payment method provided by your issuing bank or the applicable
payment network. You agree to promptly update your account and other
information, including your email address and payment method details, so we
can complete your transactions and contact you as needed in connection with
your transactions. Changes made to your billing account will not affect
charges we submit to your billing account before we could reasonably act on
your changes to your billing account.
* c. Billing. By providing Microsoft with a payment method, you (i) represent
that you are authorized to use the payment method you provided and that any
payment information you provide is true and accurate; (ii) authorize
Microsoft to charge you for the Services or available content using your
payment method; and (iii) authorize Microsoft to charge you for any paid
feature of the Services you choose to sign up for or use while these Terms
are in force. We may bill you (a) in advance; (b) at the time of purchase;
(c) shortly after purchase; or (d) on a recurring basis for subscription
Services. Also, we may charge you up to the amount you have approved, and we
will notify you in advance of any change in the amount to be charged for
recurring subscription Services. We may bill you at the same time for more
than one of your prior billing periods for amounts that haven't previously
been processed.
* d. Recurring Payments. When you purchase the Services on a subscription basis
(e.g., monthly, every 3 months or annually), you agree that you are
authorizing recurring payments, and payments will be made to Microsoft by the
method and at the recurring intervals you have agreed to, until the
subscription for that Service is terminated by you or by Microsoft. You must
cancel your Services before the next billing date to stop being charged to
continue your Services. We will provide you with instructions on how you may
cancel the Services. By authorizing recurring payments, you are authorizing
Microsoft to store your payment instrument and process such payments as
either electronic debits or fund transfers, or as electronic drafts from your
designated account (for Automated Clearing House or similar payments), or as
charges to your designated account (for credit card or similar payments)
(collectively, "Electronic Payments"). Subscription fees are generally
charged in advance of the applicable subscription period. If any payment is
returned unpaid or if any credit card or similar transaction is rejected or
denied, Microsoft or its service providers reserve the right to collect any
applicable return item, rejection or insufficient funds fee and process any
such payment as an Electronic Payment.
* e. Online Statement and Errors. Microsoft will provide you with an online
billing statement on the Microsoft account management website
(https://go.microsoft.com/fwlink/p/?linkid=618282), where you can view and
print your statement. For Skype, you can access your online statement by
signing into your account at www.skype.com (https://www.skype.com). This is
the only billing statement that we provide. If we make an error on your bill,
you must tell us within 90 days after the error first appears on your bill.
We will then promptly investigate the charge. If you do not tell us within
that time, you release us from all liability and claims of loss resulting
from the error and we won't be required to correct the error or provide a
refund. If Microsoft has identified a billing error, we will correct that
error within 90 days.
* f. Refund Policy. Unless otherwise provided by law or by a particular Service
offer, all purchases are final and non-refundable. If you believe that
Microsoft has charged you in error, you must contact us within 90 days of
such charge. No refunds will be given for any charges more than 90 days old.
We reserve the right to issue refunds or credits at our sole discretion. If
we issue a refund or credit, we are under no obligation to issue the same or
similar refund in the future. This refund policy does not affect any
statutory rights that may apply. For more refund information, please visit
our help topic (https://go.microsoft.com/fwlink/p/?linkid=618283).
* g. Canceling the Services. You may cancel a Service at any time, with or
without cause. Cancelling paid Services stops future charges to continue the
Service. To cancel a Service and request a refund, if you are entitled to
one, visit the Microsoft account management website. You can request a refund
from Skype using the Cancellation and Refund form
(https://go.microsoft.com/fwlink/p/?linkid=618286). You should refer back to
the offer describing the Services as (i) you may not receive a refund at the
time of cancellation; (ii) you may be obligated to pay cancellation charges;
(iii) you may be obligated to pay all charges made to your billing account
for the Services before the date of cancellation; and (iv) you may lose
access to and use of your account when you cancel the Services. We will
process your Data as described above in section 4. If you cancel, your access
to the Services ends at the end of your current Service period or, if we bill
your account on a periodic basis, at the end of the period in which you
canceled. If you initiate a chargeback or reversal with your bank for your
payment of Services, we will deem you to have canceled as of the date that
the original payment was made, and you authorize us to immediately cancel
your service and/or revoke any content that was provided to you in exchange
for such payment.
* h. Trial-Period Offers. If you are taking part in any trial-period offer, you
may be required to cancel the trial Service(s) within the timeframe
communicated to you when you accepted the offer in order to avoid being
charged to continue the Service(s) at the end of the trial period.
* i. Promotional Offers. From time to time, Microsoft may offer Services for a
trial period during which Microsoft will not charge you for the Services.
Microsoft reserves the right to charge you for such Services (at the normal
rate) if Microsoft determines (in its reasonable discretion) that you are
breaching the terms and conditions of the offer.
* j. Price Changes. We may change the price of the Services at any time and if
you have a recurring purchase, we will notify you by email, or other
reasonable manner, at least 15 days before the price change. If you do not
agree to the price change, you must cancel and stop using the Services before
the price change takes effect. If there is a fixed term and price for your
Service offer, that price will remain in force for the fixed term.
* k. Payments to You. If we owe you a payment, then you agree to timely and
accurately provide us with any information we need to get that payment to
you. You are responsible for any taxes and charges you may incur as a result
of this payment to you. You must also comply with any other conditions we
place on your right to any payment. If you receive a payment in error, we may
reverse or require return of the payment. You agree to cooperate with us in
our efforts to do this. We may reduce the payment to you without notice to
adjust for any previous overpayment.
* l. Gift Cards. Redemption and use of gift cards (other than Skype gift cards)
are governed by the Microsoft Gift Card Terms and Conditions
(https://support.microsoft.com/help/10562/microsoft-account-gift-card-terms-and-conditions).
Information on Skype gift cards is available on Skype’s Help page
(https://go.microsoft.com/fwlink/?LinkId=615383).
* m. Bank Account Payment Method. You may register an eligible bank account
with your Microsoft account to use it as a payment method. Eligible bank
accounts include accounts held at a financial institution capable of
receiving direct debit entries (e.g., a United States-based financial
institution that supports automated clearing house ("ACH") entries, a
European financial institution that supports Single Euro Payments Area
("SEPA") or "iDEAL" in the Netherlands). Terms you agreed to when adding your
bank account as a payment method in your Microsoft account (e.g., the
“mandate” in the case of SEPA) also apply. You represent and warrant that
your registered bank account is held in your name or you are authorized to
register and use this bank account as a payment method. By registering or
selecting your bank account as your payment method, you authorize Microsoft
(or its agent) to initiate one or more debits for the total amount of your
purchase or subscription charge (in accordance with the terms of your
subscription service) from your bank account (and, if necessary, initiate one
or more credits to your bank account to correct errors, issue a refund or
similar purpose), and you authorize the financial institution that holds your
bank account to deduct such debits or accept such credits. You understand
that this authorization will remain in full force and effect until you remove
your bank account information from your Microsoft account. Contact customer
support as outlined above in section 4.e as soon as possible if you believe
you have been charged in error. Laws applicable in your country may also
limit your liability for any fraudulent, erroneous or unauthorized
transactions from your bank account. By registering or selecting a bank
account as your payment method, you acknowledge that you have read,
understand and agree to these Terms.
CONTRACTING ENTITY, CHOICE OF LAW, JURISDICTION
10. Contracting Entity. For use of free and paid consumer Skype-branded
Services, you're contracting with, and all references to “Microsoft” in these
Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165
Luxembourg. For all other Services, you're contracting with Microsoft
Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.
11. Choice of Law and Place to Resolve Disputes. If you live in (or, if a
business, your principal place of business is in) the United States, the laws of
the state where you live (or, if a business, where your principal place of
business is located) govern all claims, regardless of conflict of laws
principles, except that the Federal Arbitration Act governs all provisions
relating to arbitration. You and we irrevocably consent to the exclusive
jurisdiction and venue of the state or federal courts in King County,
Washington, for all disputes arising out of or relating to these Terms or the
Services that are not heard in arbitration or small claims court.
WARRANTIES
12. Warranties. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND
VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH
RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS
AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL
FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES.
MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE
EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES,
INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS
UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS,
IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS
SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT
GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR
THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR
TRANSMISSION FROM THE COMPUTER NETWORKS.
LIMITATION OF LIABILITY
13. Limitation of Liability. If you have any basis for recovering damages
(including breach of these Terms), you agree that your exclusive remedy is to
recover, from Microsoft or any affiliates, resellers, distributors, Third-Party
Apps and Services providers, and vendors, direct damages up to an amount equal
to your Services fee for the month during which the loss or breach occurred (or
up to $10.00 if the Services are free). You can't recover any other damages or
losses, including direct, consequential, lost profits, special, indirect,
incidental, or punitive. These limitations and exclusions apply even if this
remedy doesn't fully compensate you for any losses or fails of its essential
purpose or if we knew or should have known about the possibility of the damages.
To the maximum extent permitted by law, these limitations and exclusions apply
to anything or any claims related to these Terms, the Services, or the software
related to the Services.
SERVICE-SPECIFIC TERMS
14. Service-Specific Terms. The terms before and after section 14 apply
generally to all Services. This section contains service-specific terms that are
in addition to the general terms. These service-specific terms govern if there
are any conflicts with the general terms.
XBOX
* a. Xbox.
* i. Personal Noncommercial Use. The Xbox online service, Xbox Game Studios
games (including Mojang Games) (https://www.xbox.com/xbox-game-studios),
applications, subscriptions (e.g., Xbox Game Pass subscription service
offerings), services (e.g., Xbox Cloud Gaming), and content provided by
Microsoft (collectively, the "Xbox Services") are only for your personal
and noncommercial use.
* ii. Xbox Services. When you sign up to receive Xbox Services, information
about your game play, activities and usage of games and Xbox Services will
be tracked and shared with applicable third-parties, including game
developers, in order for Microsoft to deliver the Xbox Services and for the
third-parties to operate non-Microsoft games and services. If you choose to
link your Microsoft Xbox Services account with your account on a
non-Microsoft service or sign in to your Xbox Services account to access a
non-Microsoft Service (for example, a non-Microsoft game publisher of
Third-Party Apps and Services), you agree that: (a) Microsoft may share
limited account and usage-related information (including without limitation
gamertag, gamerscore, game history, usage data and friends list), with that
non-Microsoft party as stated in the Microsoft Privacy Statement, and (b)
if allowed by your Xbox privacy settings, the non-Microsoft party may also
have access to Your Content from in-game communications or other
applications that you use when you are signed into your account with that
non-Microsoft party. Also, if allowed by your Xbox privacy settings,
Microsoft can publish your name, gamertag, gamerpic, motto, avatar,
gameclips and games that you’ve played in communications to people you
allow.
* iii. Your Content. As part of building the Xbox Services community, you
grant to Microsoft, its affiliates and sublicensees a free and worldwide
right to use, modify, reproduce, distribute, broadcast, share and display
Your Content or your name, gamertag, motto, or avatar that you posted for
any Xbox Services.
* iv. Game Managers. Some games may use game managers, ambassadors, or hosts.
Game managers and hosts are not authorized Microsoft spokespersons. Their
views do not necessarily reflect those of Microsoft.
* v. Kids on Xbox. If you are a minor using the Xbox Services, your parent or
guardian may have control over many aspects of your account and may receive
reports about your use of the Xbox Services.
* vi. Game Currency or Virtual Goods. The Xbox Services may include a
virtual, game currency (like gold, coins or points) that may be purchased
from or on behalf of Microsoft using actual monetary instruments if you
have reached the age of “majority” where you live. The Xbox Services may
also include virtual, digital items or goods that may be purchased from or
on behalf of Microsoft using actual monetary instruments or using game
currency. Game currency and virtual goods may never be redeemed for actual
monetary instruments, goods or other items of monetary value from Microsoft
or any other party. Other than a limited, personal, revocable,
non-transferable, non-sublicensable license to use the game currency and
virtual goods in the Xbox Services only, you have no right or title in or
to any such game currency or virtual goods appearing or originating in the
Xbox Services, or any other attributes associated with use of the Services
or stored within the Xbox Services. Microsoft may at any time regulate,
control, modify and/or eliminate the game currency and/or virtual goods
associated with any one or more Xbox games or apps as it sees fit in its
sole discretion.
* vii. Software Updates. For any device that can connect to Xbox Services, we
may automatically check your version of Xbox console software or the Xbox
app software and download Xbox console or Xbox app software updates or
configuration changes, including those that prevent you from accessing the
Xbox Services, using unauthorized Xbox games or Xbox apps, or using
unauthorized hardware peripheral devices with an Xbox console.
* viii. Cheating and Tampering Software. For any device that can connect to
Xbox Services, we may automatically check your device for unauthorized
hardware or software that enables cheating or tampering in violation of the
Code of Conduct or these Terms, and download Xbox app software updates or
configuration changes, including those that prevent you from accessing the
Xbox Services, or from using unauthorized hardware or software that enables
cheating or tampering.
* ix. Additional Subscription Terms and Conditions. Xbox Services
subscriptions are subject to additional terms and conditions set forth in
the Xbox Subscriptions Terms & Conditions | Xbox
(https://www.xbox.com/en-us/legal/subscription-terms).
* x. Inactive Xbox Service Subscriptions. Microsoft may turn off your
recurring billing and stop recurring charges in select countries if you do
not use your Xbox Services subscription for a period of time. Microsoft
will provide notice to you before turning off recurring billing. For more
information, including the applicable period of inactivity, see
Subscription inactivity FAQ | Xbox Support
(https://support.xbox.com/en-US/help/subscriptions-billing/manage-subscriptions/xbox-subscription-inactivity-policy).
STORE
* b. Store. "Store" refers to a Service that allows you to browse, download,
purchase, and rate and review applications (the term "application" includes
games) and other digital content. These Terms cover use of certain Stores
owned or operated by Microsoft or its affiliates (including, but not limited
to, the Office Store, Microsoft Store on Xbox and Microsoft Store on
Windows). "Office Store" means a Store for Office products and apps for
Office, Microsoft 365, SharePoint, Exchange, Access and Project (2013
versions or later), or any other experience that is branded Office Store.
"Microsoft Store on Windows" means a Store, owned and operated by Microsoft
or its affiliates, for Windows devices such as phone, PC and tablet, or any
other experience that is branded Microsoft Store and accessible on Windows
devices such as phone, PC, or tablet. "Microsoft Store on Xbox" means a Store
owned and operated by Microsoft or its affiliates and made available on Xbox
consoles, or any other experience that is branded Microsoft Store and made
available on an Xbox console.
* i. License Terms. We will identify the publisher of each application
available in the relevant Store. Unless different license terms are
provided with the application, the Standard Application License Terms
("SALT") at the end of these Terms are an agreement between you and the
application publisher setting forth the license terms that apply to an
application you download through any Store owned or operated by Microsoft
or its affiliates (excluding the Office Store). For clarity, these Terms
cover the use of, and services provided by, Microsoft Services. Section 5
of these Terms also applies to any Third-Party Apps and Services acquired
through a Store. Applications downloaded through the Office Store are not
governed by the SALT and have separate license terms that apply.
* ii. Updates. Microsoft will automatically check for and download updates to
your applications, even if you’re not signed into the relevant Store. You
can change your Store or system settings if you prefer not to receive
automatic updates to Store applications. However, certain Office Store
applications that are entirely or partly hosted online may be updated at
any time by the application developer and may not require your permission
to update.
* iii. Ratings and Reviews. If you rate or review an application or other
Digital Good in the Store, you may receive email from Microsoft containing
content from the publisher of the application or Digital Good. Any such
email comes from Microsoft; we do not share your email address with
publishers of applications or other Digital Goods you acquire through the
Store.
* iv. Safety Warning. To avoid possible injury, discomfort or eye strain, you
should take periodic breaks from use of games or other applications,
especially if you feel any pain or fatigue resulting from usage. If you
experience discomfort, take a break. Discomfort might include feelings of
nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye
strain, or dry eyes. Using applications can distract you and obstruct your
surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable
items that could be damaged. A very small percentage of people may
experience seizures when exposed to certain visual images like flashing
lights or patterns that may appear in applications. Even people with no
history of seizures may have an undiagnosed condition that can cause these
seizures. Symptoms may include lightheadedness, altered vision, twitching,
jerking or shaking of limbs, disorientation, confusion, loss of
consciousness, or convulsions. Immediately stop using and consult a doctor
if you experience any of these symptoms, or consult a doctor before using
the applications if you’ve ever suffered symptoms linked to seizures.
Parents should monitor their children’s use of applications for signs of
symptoms.
MICROSOFT FAMILY FEATURES
* c. Microsoft Family Features. Parents and kids can use Microsoft family
features, including Microsoft Family Safety, to build trust based on a shared
understanding of what behaviors, websites, apps, games, physical locations,
and spending is right in their family. Parents can create a family by going
to https://account.microsoft.com/family (or by following the instructions on
their Windows device or Xbox console) and inviting kids or other parents to
join. There are many features available to family members, so please
carefully review the information provided when you agree to create or join a
family and when you purchase Digital Goods for family access. By creating or
joining a family, you agree to use the family in accordance with its purpose
and won’t use it in an unauthorized way to unlawfully gain access to another
person’s information.
GROUP MESSAGING
* d. Group Messaging. Various Microsoft services allow you to send messages to
others via voice or SMS ("messages"), and/or allow Microsoft and
Microsoft-controlled affiliates to send such messages to you and one or more
other users on your behalf. WHEN YOU INSTRUCT MICROSOFT AND
MICROSOFT-CONTROLLED AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS,
YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED
US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED
ADMINISTRATIVE TEXT MESSAGES FROM MICROSOFT AND MICROSOFT-CONTROLLED
AFFILIATES. "Administrative text messages" are periodic transactional
messages from a particular Microsoft service, including but not limited to a
"welcome message" or instructions on how to stop receiving messages. You or
group members no longer wishing to receive such messages can opt-out of
receiving further messages from Microsoft or Microsoft-controlled affiliates
at any time by following the instructions provided. If you no longer wish to
receive such messages or participate in the group, you agree that you will
opt out through the instructions provided by the applicable program or
service. If you have reason to believe that a group member no longer wishes
to receive such messages or participate in the group, you agree to remove
them from the group. You also represent and warrant to us that you and each
person you have instructed us to message understands that each group member
is responsible for the costs of any message charges assessed by his or her
mobile carrier, including any international message charges that may apply
when messages are transmitted from US-based numbers.
SKYPE, MICROSOFT TEAMS, AND GROUPME
* e. Skype, Microsoft Teams, and GroupMe.
* i. Emergency Services. There are important differences between traditional
mobile or fixed line telephone services and Skype, Microsoft Teams, and
GroupMe. Microsoft has limited obligations under applicable local or
national rules, regulations or law to offer access to emergency services,
such as 911 or 112 emergency calling (“Emergency Services”), through Skype,
Microsoft Teams, and GroupMe.
* ii. Only limited software versions of the Skype to Phone feature of Skype
may support calls to Emergency Services in a very limited number of
countries, and depending on the platform used. You can find details about
availability and how to configure this feature here:
https://www.skype.com/go/emergency. If your Skype to Phone emergency call
is connected, you will need to provide the details of your physical
location to enable the emergency services to respond to you.
* iii. APIs or Broadcasting. If you want to use Skype in connection with any
broadcast, you must comply with the "Broadcast TOS" at
https://www.skype.com/go/legal.broadcast. If you want to use any
application program interface ("API") exposed or made available by Skype
you must comply with the applicable licensing terms, which are available at
www.skype.com/go/legal.
* iv. Fair Use Policies. Fair usage policies may apply to your use of Skype.
Please review these policies which are designed to protect against fraud
and abuse and may place limits on the type, duration or volume of calls or
messages that you are able to make. These policies are incorporated in
these Terms by reference. You can find these policies at:
https://www.skype.com/en/legal/fair-usage/.
* v. Mapping. Skype contains features that allow you to submit information
to, or plot yourself on a map using, a mapping service. By using those
features, you agree to these Terms and the Google Maps terms available at
https://www.google.com/intl/en_ALL/help/terms_maps.html.
* vi. Personal/Noncommercial Use. The use of Skype is for your personal and
noncommercial use. You are permitted to use Skype at work for your own
business communications.
* vii. Skype Number/Skype To Go. If Skype provides you with a Skype Number or
Skype To Go number, you agree that you do not own the number or have a
right to retain that number forever. For more details on Skype Number see
https://secure.skype.com/en/skype-number/.
* viii. Skype Manager. A "Skype Manager Admin Account" is created and managed
by you, acting as an individual administrator of a Skype Manager group and
not as a business entity. You may link your individual Microsoft account to
a Skype Manager group ("Linked Account"). You may appoint additional
administrators to your Skype Manager group subject to their acceptance of
these Terms. If you allocate Skype Numbers to a Linked Account, you are
responsible for compliance with any requirements related to the residency
or location of your Linked Account users. If you choose to unlink a Linked
Account from a Skype Manager group, any allocated subscriptions, Skype
Credit or Skype Numbers will not be retrievable and Your Content or
material associated with the unlinked account will no longer be accessible
by you. You agree to process any personal information of your Linked
Account users in accordance with all applicable data protection laws.
* ix. Skype Charges. Skype paid products are sold to you by Skype
Communications S.à.r.l, however the seller-of-record accountable for taxes
is Skype Communications US Corporation. Taxes means the amount of taxes,
regulatory fees, surcharges or other fees that we are required to collect
from you and must pay to any United States (federal, state or local) or
foreign government, agency, commission or quasi-governmental body as a
result of our provision of Skype paid products to you. These taxes are
listed at www.skype.com/go/ustax. All prices for Skype paid products are
inclusive of a charge for your product and a charge for taxes, unless
otherwise stated. The charges payable for calling phones outside of a
subscription consist of a connection fee (charged once per call) and a
per-minute rate as set out at www.skype.com/go/allrates. Call charges will
be deducted from your Skype Credit balance. Skype may change its calling
rates at any time by posting such change at www.skype.com/go/allrates. The
new rate will apply to your next call after publication of the new rates.
Please check the latest rates before you make your call. Fractional call
minutes and fractional cent charges will be rounded up to the next whole
unit. Notwithstanding the foregoing, you may be entitled, under applicable
law, to a refund, upon request, of any pre-paid subscription balance in the
event you switch your Skype Number to another provider.
* x. Skype Credit. Skype does not guarantee that you will be able to use your
Skype Credit balance to purchase all Skype paid products. If you do not use
your Skype Credit for a period of 180 days, Skype will place your Skype
Credit on inactive status. You can reactivate the Skype Credit by following
the reactivation link at https://www.skype.com/go/store.reactivate.credit.
You can enable the Auto Recharge feature when you buy Skype Credit by
ticking the appropriate box. If enabled, your Skype Credit balance will be
recharged with the same amount and by your chosen payment method every time
your Skype balance goes below the threshold set by Skype from time to time.
If you purchased a subscription with a payment method other than credit
card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge,
your Skype Credit balance will be recharged with the amount necessary to
purchase your next recurring subscription. You can disable Auto-Recharge at
any time by accessing and changing your settings in your account portal in
Skype. If your Microsoft Account is closed, for any reason, any unused
Skype credit associated with your Microsoft account will be lost and cannot
be retrieved.
* xi. International Message Fees. GroupMe currently uses US-based numbers for
each group created. Every text message sent to or received from a GroupMe
number will count as an international text message sent to or received from
the United States. Depending upon your location, Microsoft Teams may be
using a phone number that could count as an international text message.
Please check with your provider for the associated international rates.
BING AND MSN
* f. Bing and Microsoft Start (including MSN).
* i. Bing and Microsoft Start Materials. The articles, text, photos, maps,
videos, video players, and third-party material available on Bing and
Microsoft Start, including through Microsoft bots, applications and
programs, are for your noncommercial, personal use only. Other uses,
including downloading, copying, or redistributing these materials, or using
these materials or products to build your own products, are permitted only
to the extent specifically authorized by Microsoft or rights holders, or
allowed by applicable copyright law. Microsoft or other rights holders
reserve all rights to the material not expressly granted by Microsoft under
the license terms, whether by implication, estoppel, or otherwise.
* ii. Bing Maps. You may not use Bird’s eye imagery of the United States,
Canada, Mexico, New Zealand, Australia or Japan for governmental use
without our separate written approval.
* iii. Bing Places. When you provide your Data or Your Content to Bing
Places, you grant Microsoft a worldwide, royalty-free license to use,
reproduce, save, modify, aggregate, promote, transmit, display, and
distribute your Data and Your Content (including intellectual property
rights in your Data and Your Content), and sub-license any or all of the
foregoing rights to third parties.
CORTANA
* g. Cortana.
* i. Personal Noncommercial Use. Cortana is Microsoft’s personal assistant
Service. The features, services and content provided by Cortana
(collectively "Cortana Services") are only for your personal and
noncommercial use.
* ii. Functionality and Content. Cortana provides a range of features, some
of which are personalized. Cortana Services may allow you to access
services, information or functionality provided by other Microsoft Services
or Third-Party Apps and Services. The service-specific Terms of section 14
also apply to your use of applicable Microsoft Services accessed through
Cortana Services. Cortana provides information for your planning purposes
only and you should exercise your own independent judgment when reviewing
and relying on this information. Microsoft does not guarantee the
reliability, availability or timeliness of personalized experiences
provided by Cortana. Microsoft is not responsible if a Cortana feature
delays or prevents you from receiving, reviewing or sending a communication
or notification, or obtaining a service.
* iii. Third-Party Apps and Services. As part of delivering the Cortana
Services, Cortana may suggest and help you interact with Third-Party Apps
and Services (third-party skills or connected services). If you choose,
Cortana may exchange information with Third-Party Apps and Services, such
as your zip code and queries and responses returned by the Third-Party App
and Services, to help you obtain requested services. Cortana may enable you
to make purchases through Third-Party Apps and Services using the account
preferences and settings you have established directly with those
Third-Party Apps and Services. You can disconnect your Cortana Service from
Third-Party Apps and Services at any time. Your use of Cortana Services to
connect with Third-Party Apps and Services is subject to section 5 of these
Terms. Publishers of Third-Party Apps and Services may change or
discontinue the functionality or features of their Third-Party Apps and
Services or integration with Cortana Services. Microsoft is not responsible
or liable for manufacturer provided software or firmware.
* iv. Cortana-Enabled Devices. Cortana-enabled devices are products or
devices that are enabled to access Cortana Services, or products or devices
that are compatible with Cortana Services. Cortana-enabled devices include
third-party devices or products that Microsoft does not own, manufacture,
or develop. Microsoft is not responsible or liable for these third-party
devices or products.
* v. Software Updates. We may automatically check your version of Cortana
Services software and download software updates or configuration change or
require any manufacturers of Cortana enabled devices to keep the Cortana
Services software up to date.
MICROSOFT 365 APPS AND SERVICES
* h. Microsoft 365 Apps and Services.
* i. Use Terms. Microsoft 365 Family, Microsoft 365 Personal, Microsoft 365
Basic, Sway, OneNote.com and any other Microsoft 365 app or Service or
Office-branded Service is for your personal, noncommercial use, unless you
have commercial use rights under a separate agreement with Microsoft. Use
of apps such as Word, Excel, PowerPoint, Outlook, OneDrive, Access, and
Publisher in Microsoft 365 Family, Microsoft 365 Personal, and any other
Microsoft 365 app or subscription Service is governed by supplemental
license terms located at https://aka.ms/useterms together with these Terms.
* ii. Additional Outlook Terms. Outlook includes use of Bing Maps. Any
content provided through Bing Maps, including geocodes, can only be used
within the product through which the content is provided. Your use of Bing
Maps is governed by the Bing Maps End User Terms of Use available at
go.microsoft.com/?linkid=9710837 and the Microsoft Privacy Statement
available at go.microsoft.com/fwlink/?LinkID=248686.
HEALTH BOTS
* i. Health Bots. Health bots, which may include action plans, insights,
reminders and other features, are not medical devices and are only intended
for fitness and wellness purposes with a program issued by a care provider.
They are not designed or intended as substitutes for professional medical
advice or for use in the diagnosis, cure, mitigation, prevention, or
treatment of disease or other conditions. You assume full responsibility for
your use of health bots. Microsoft is not responsible for any decision you
make based on information you receive from health bots. You should always
consult a doctor with any questions you may have regarding a medical
condition, diet, fitness, or wellness program before using health bots. Never
disregard professional medical advice or delay in seeking it because of
information you accessed on or through the Services. As with any technology,
health bots may not work as intended for a variety of reasons including loss
of power connectivity.
DIGITAL GOODS
* j. Digital Goods. Through Microsoft Groove, Microsoft Movies & TV, Store,
Xbox Services and any other related and future services, Microsoft may enable
you to obtain, listen to, view, play or read (as the case may be) music,
images, video, text, books, games or other material ("Digital Goods") that
you may get in digital form. The Digital Goods are only for your personal,
noncommercial entertainment use. You agree not to redistribute, broadcast,
publicly perform or publicly display or transfer any copies of the Digital
Goods. Digital Goods may be owned by Microsoft or by third parties. In all
circumstances, you understand and acknowledge that your rights with respect
to Digital Goods are limited by these Terms, copyright law, and the Usage
Rules located at https://go.microsoft.com/fwlink/p/?LinkId=723143. You agree
that you will not attempt to modify any Digital Goods obtained through any of
the Services for any reason whatsoever, including for the purpose of
disguising or changing ownership or source of the Digital Goods. Microsoft or
the owners of the Digital Goods may, from time to time, remove Digital Goods
from the Services without notice.
MICROSOFT STORAGE
* k. Microsoft Storage.
* i. OneDrive Storage Allocation. If you have more content stored in your
OneDrive than is provided to you under the terms of your free or paid
subscription service for Microsoft storage and you do not respond to notice
from Microsoft to fix your account by removing excess content or moving to
a new subscription plan with more storage, we reserve the right to close
your account and delete or disable access to Your Content on OneDrive. Read
more about Microsoft storage quotas here
(https://prod.support.services.microsoft.com/en-gb/office/how-does-microsoft-storage-work-2a261b34-421c-4a47-9901-74ef5bd0c426).
* ii. OneDrive Service Performance. Depending on factors such as your
equipment, internet connection and Microsoft’s efforts to maintain the
performance and integrity of its service, you may occasionally experience
delays in uploading or syncing content on OneDrive.
* iii. Outlook.com Storage Allocation. If you exceed your Outlook.com mailbox
storage quota or your Microsoft storage quota that is provided to you under
a free or paid subscription, you will be unable to send or receive messages
until you remove excess content or move to a new subscription with
sufficient storage. If you fail to remove excess content or obtain
sufficient additional storage after receiving notice from Microsoft, we
reserve the right to delete or disable access to Your Content. Read more
about Microsoft storage quotas here.
MICROSOFT REWARDS
* l. Microsoft Rewards.
* i. General Information. Microsoft Rewards (the "Rewards Program") is free
to join, and it enables you to earn points ("Points") for certain
activities and for personal use of certain Microsoft products and services.
If you have a Microsoft account and are located in a participating Region
(defined below), you have been automatically enrolled in the Rewards
Program and can begin earning Points immediately. You can cancel your
participation in the Rewards Program at any time by following the
instructions below.
* ii. You can redeem your Points in a variety of ways ("Redemption Options"),
including for certain products and services listed on the Redemption Page
at https://aka.ms/redeemrewards ("Rewards"). To be eligible to redeem your
Points for any Redemption Option, you must first activate your Rewards
Program account ("Rewards Account") on the Rewards Dashboard at
https://rewards.microsoft.com/ or on certain other Microsoft sites and
pages. There is no cost to activate your Rewards Account.
* iii. Certain restrictions and limitations apply to earning, redeeming, and
other uses of Points in the Rewards Program. For more information see the
Rewards section at https://support.microsoft.com ("FAQ").
* iv. Requirements. You need a valid Microsoft account and you must reside in
one of the geographic areas listed in the FAQ ("Regions") to activate your
Rewards Account and to earn, redeem, or otherwise use Points. You may open
and use only one Rewards Account, even if you have multiple email
addresses. Each household is limited to six Rewards Accounts. The Rewards
Program is solely for your personal and noncommercial use. Use of a virtual
private network (VPN) or other technology or service that can be used to
mask or obfuscate your geographic location may result in cancellation of
your Rewards Account and forfeiture of your accrued Points.
* v. Earning Points. You may be presented with opportunities to earn Points
for certain qualifying activities ("Offers"), such as Searches,
Acquisitions, use of certain Microsoft products and services, and other
opportunities from Microsoft. You must have an active Rewards Account to
take advantage of such Offers. Eligible Offers may vary by Region and may
only be available for a certain time or subject to other limitations. You
must comply with all terms and conditions of a particular Offer to earn
Points awarded with that Offer. You may be presented with Offers directly
on the Rewards Dashboard or when you use certain Microsoft products and
services.
* vi. For purposes of the Rewards Program, a "Search" is the act of an
individual user manually entering text for the good faith purpose of
obtaining Bing search results for such user’s own research purposes and
does not include any query entered by a bot, macro, or other automated or
fraudulent means of any kind; and an "Acquisition" is the process of
purchasing goods or downloading and acquiring a license for digital content
directly from Microsoft, whether free or paid. Points are not offered for
every Acquisition from Microsoft, and certain restrictions may apply.
* vii. Restrictions & Limitations on Points. Points are awarded by Microsoft
to individual Rewards Accounts and cannot be transferred to any other
person or entity. Notwithstanding the foregoing, Microsoft may from time to
time in its sole discretion permit you (i) to share your Points within your
household (limits may apply), (ii) to contribute your Points to support a
nonprofit organization listed on the Redemption Page, or (iii) depending on
your Region and subject to other terms and conditions, to redeem all or
some of your Points for points in certain other rewards or loyalty
programs, including programs operated by Microsoft or authorized third
parties. Points are and remain at all times the property of Microsoft, and
do not constitute your personal property; they have no cash value, and you
may not obtain any cash or money in exchange for them. Points are awarded
to you on a promotional basis only. You cannot purchase Points. Microsoft
may limit the quantity of Points or Rewards that can be earned or redeemed
per person, per household, or over a set period (e.g., a day) provided that
you are not disadvantaged in breach of good faith; please refer to the FAQ
for currently applicable limitations. Unless an Offer or Redemption Option
explicitly states otherwise, Points earned in the Program are not valid in,
and may not be used in combination with, any other program offered by
Microsoft or third parties. Unredeemed Points associated with your Rewards
Account expire if you do not earn or redeem any Points in your Rewards
Account for 18 consecutive months.
* viii. Redemptions Redemption Options will be made available to you on the
Redemption Page and on certain other Microsoft sites and pages. You must
earn and have available in your Rewards Account all of the Points required
for a Redemption Option before you can redeem your Points for that
Redemption Option. There may be a limited number of a particular Reward
available, and those Rewards will be delivered on a first-come,
first-served basis. You may be required to provide additional information,
like your mailing address and a telephone number (other than a VOIP or
toll-free number), and you may also be asked to enter a fraud-prevention
code or sign additional legal documents to redeem Points for certain
Redemption Options. Once you redeem your Points, you cannot cancel or
return the Redemption Option for a refund of Points except in the case of
defective products or as required by applicable law. If you select a
Redemption Option that is out of stock or unavailable for other reasons, we
may substitute a Redemption Option of comparable value or refund your
points at our sole discretion.
* ix. Microsoft may update or discontinue offering specific Redemption
Options at any time for any reason. Some Redemption Options may have age or
Region eligibility requirements, or other terms or conditions on their
redemption or use. Any such requirements or conditions will be included in
the relevant redemption offer. You are responsible for all federal, state,
and local taxes and any other costs of accepting and using the Redemption
Option. Rewards will be emailed to the email address associated with your
Microsoft account, so keep your email address up to date. Rewards that are
undeliverable will not be reissued and are therefore forfeited. Rewards may
not be resold. You may redeem no more than 550,000 Points per calendar year
in the Rewards Program.
* x. Cancelling Your Rewards Account. If you no longer wish to participate in
the Rewards Program, follow the instructions on the opt out page
(https://account.microsoft.com/rewards/optout?confirm=false) to cancel your
Rewards Account. If you cancel your Rewards Account, you will immediately
forfeit all of your earned Points and will lose your ability to earn new
Points in the future. To begin earning Points again, you must open a new
Rewards Account (but Microsoft will not reinstate any previously forfeited
Points). Your Rewards Account may be cancelled (and your Points forfeited)
if you do not log in to your Microsoft account for 18 consecutive months.
* xi. Program Changes or Discontinuation. Microsoft reserves the right to
change, modify, discontinue, or cancel the Rewards Program or any part
thereof at any time, in its sole discretion, and without prior notice.
However, if the Rewards Program is cancelled or discontinued, we will make
reasonable efforts to notify you by email and on the Rewards Dashboard and
to provide you with at least 90 days to redeem your accrued Points, unless
we determine that such cancellation must take effect immediately for legal
or security reasons.
* xii. Other Terms. Microsoft reserves the right to immediately cancel your
Rewards Account, disqualify you from future participation in the Rewards
Program, forfeit all of your earned Points, and cancel or suspend any
Redemption Option you have obtained through the Rewards Program if
Microsoft believes you have tampered with, abused, or defrauded any aspect
of the Rewards Program or breached these terms. Microsoft further reserves
the right to cancel or suspend any Redemption Option you have obtained or
attempted to obtain through the Rewards Program if Microsoft determines you
are ineligible to receive that Redemption Option for legal reasons (such as
export laws). While Microsoft makes every effort to ensure accuracy, errors
occasionally occur. Microsoft therefore reserves the right to correct such
errors at any time, even if it affects current Offers or your pending,
earned, or redeemed Points or Rewards. In the event of any inconsistency or
discrepancy between these Rewards Program terms or other statements
contained in any related materials or advertising, these terms prevail,
govern, and control.
AZURE
* m. Azure. Your use of the Azure service is governed by the terms and
conditions of the separate agreement under which you obtained the services,
as detailed on the Microsoft Azure Legal Information page at
https://azure.microsoft.com/en-us/support/legal/.
MICROSOFT SOUNDSCAPE
* n. Microsoft Soundscape. You acknowledge that Microsoft Soundscape (1) is not
designed, intended, or made available as a medical device, and (2) is not
designed or intended to be a substitute for professional medical advice,
diagnosis, treatment, or judgment and should not be used to replace or as a
substitute for professional medical advice, diagnosis, treatment, or
judgment.
POWER PLATFORM
* o. Power Platform. Your use of the Power Platform service is governed by the
terms and conditions of the separate agreement under which you obtained the
services, as detailed on the Power Platform Legal Information page at
Microsoft Power Platform
(https://powerplatform.microsoft.com/en-us/business-applications/legal/).
DYNAMICS 365
* p. Dynamics 365. Your use of the Dynamics 365 service is governed by the
terms and conditions of the separate agreement under which you obtained the
services, as detailed on the Dynamics 365 Legal Information page at Microsoft
Dynamics 365 (https://dynamics.microsoft.com/business-applications/legal/).
AI SERVICES
* q. AI Services. "AI services" are services that are labeled or described by
Microsoft as including, using, powered by, or being an Artificial
Intelligence ("AI") system.
* i. Reverse Engineering. You may not use the AI services to discover any
underlying components of the models, algorithms, and systems. For example,
you may not try to determine and remove the weights of models.
* ii. Extracting Data. Unless explicitly permitted, you may not use web
scraping, web harvesting, or web data extraction methods to extract data
from the AI services.
* iii. Limits on use of data from the AI Services. You may not use the AI
services, or data from the AI services, to create, train, or improve
(directly or indirectly) any other AI service.
* iv. Use of Your Content. As part of providing the AI services, Microsoft
will process and store your inputs to the service as well as output from
the service, for purposes of monitoring for and preventing abusive or
harmful uses or outputs of the service.
* v. Third party claims. You are solely responsible for responding to any
third-party claims regarding Your use of the AI services in compliance with
applicable laws (including, but not limited to, copyright infringement or
other claims relating to content output during Your use of the AI
services).
BINDING ARBITRATION AND CLASS ACTION WAIVER
15. Binding Arbitration and Class Action Waiver If You Live In (or, If a
Business, Your Principal Place of Business Is In) the United States. We hope we
never have a dispute, but if we do, you and we agree to try for 60 days, upon
receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and
we agree to binding individual arbitration before the American Arbitration
Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in
court in front of a judge or jury. Instead, a neutral arbitrator will decide and
the arbitrator’s decision will be final except for a limited right of review
under the FAA. Class action lawsuits, class-wide arbitrations, private
attorney-general actions, requests for public injunctions, and any other
proceeding or request for relief where someone acts in a representative capacity
aren’t allowed. Nor is combining individual proceedings without the consent of
all parties. "We," "our," and "us" includes Microsoft and Microsoft’s
affiliates.
* a. Disputes Covered—Everything Except IP. The term "dispute" is as broad as
it can be. It includes any claim or controversy between you and us concerning
the Services, the software related to the Services, the Services’ or
software’s price, your Microsoft account, marketing, communications, your
purchase transaction, billing, or these Terms, under any legal theory
including contract, warranty, tort, statute, or regulation, except disputes
relating to the enforcement or validity of your, your licensors’, our, or our
licensors’ intellectual property rights.
* b. Send a Notice of Dispute Before Arbitration. If you have a dispute that
our customer service representatives can’t resolve and you wish to pursue
arbitration, you must first send an individualized Notice of Dispute to
Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA
98052-6399, U.S.A., or submit the form electronically. The Notice of Dispute
form is available at https://go.microsoft.com/fwlink/?LinkId=245499. Complete
that form in full, with all the information it requires. We’ll do the same if
we have a dispute with you. This Notice of Dispute is a prerequisite to
initiating any arbitration. Any applicable statute of limitations will be
tolled from the date of a properly submitted individualized Notice of Dispute
through the first date on which an arbitration may properly be filed under
this section 15.
* c. Small Claims Court Option. Instead of sending a Notice of Dispute, either
you or we may sue the other party in small claims court seeking only
individualized relief, so long as the action meets the small claims court’s
requirements and remains an individual action seeking individualized relief.
The small claims court must be in your county of residence (or, if a
business, your principal place of business).
* d. Arbitration Procedure. The AAA will conduct any arbitration under its
Commercial Arbitration Rules (or if you are an individual and use the
Services for personal or household use, or if the value of the dispute is
less than $75,000 whether or not you are an individual or how you use the
Services, its Consumer Arbitration Rules). For more information, see
www.adr.org or call 1-800-778-7879. Section 15 and these Terms govern to the
extent they conflict with any applicable AAA rules. To initiate an
arbitration, submit the Demand for Arbitration form available at
https://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to
us. The form must contain information that is specific to you and your claim.
In a dispute involving $25,000 or less, any hearing will be telephonic or by
videoconference unless the arbitrator finds good cause to hold an in-person
hearing instead. Any in-person hearing will take place in your county of
residence (or, if a business, your principal place of business). The
arbitrator may award the same damages to you individually as a court could.
The arbitrator may award declaratory or injunctive relief only to you
individually to satisfy your individual claim, but not relief that would
affect non-parties.
The arbitrator rules on all issues except that a court has exclusive
authority: (i) to decide arbitrability, as well as formation, existence,
scope, validity, and enforceability of this arbitration agreement; (ii) to
decide whether the parties have complied with the pre-arbitration
requirements (including the individualized Notice of Dispute and Demand for
Arbitration forms); (iii) to enforce the prohibition on class,
representative, private attorney-general, or combined actions or proceedings,
or public injunctive relief; and (iv) to enjoin an arbitration from
proceeding if it does not comply with this section 15.
If your Notice of Dispute involves claims similar to those of at least 24
other customers, and if you and those other customers are represented by the
same lawyers, or by lawyers who are coordinating with each other, you and we
agree that these claims will be “Related Cases.” Related Cases may only be
filed in batches of up to 50 individual arbitrations at a time, and those
individual arbitrations will be resolved in the following manner: (i) for the
first batch, each side may select up to 25 of these Related Cases to be filed
and resolved in individual arbitrations under this section 15; (ii) none of
the other Related Cases may be filed or prosecuted in arbitration until the
first batch of up to 50 individual arbitrations is resolved; and (iii) if,
after that first batch, the parties are unable to informally resolve the
remaining Related Cases, a second batch of Related Cases may be filed, where
each side may select up to 25 of the Related Cases to be resolved in
individual arbitrations under this section 15. This process of batched
individual arbitrations will continue until the parties resolve all Related
Cases informally or through individual arbitrations. A court has exclusive
authority to enforce this paragraph, including whether it applies to a given
set of claims, and to enjoin the filing or prosecution of arbitrations that
do not comply with this paragraph.
* e. Arbitration Fees and Payments.
* i. Disputes Involving Less Than $75,000. We will promptly reimburse your
filing fees and pay the AAA’s and arbitrator’s fees and expenses if: (i)
the dispute involves less than $75,000; and before initiating arbitration
(ii) you complied with all pre-arbitration requirements in this section 15,
including, if applicable, the Related Cases paragraph. Otherwise, the AAA
rules will govern payment of filing fees and the AAA’s and arbitrator’s
fees and expenses. If, at the conclusion of the arbitration, the arbitrator
awards you more than our last written offer made before the arbitrator was
appointed, we will: pay you (i) the amount of the award or $1,000
(whichever is more); and; (ii) for any reasonable attorney’s fees you
incurred; and any reasonable expenses (including expert witness fees and
costs) that your attorney accrued in connection with your individual
arbitration.
* ii. Disputes Involving $75,000 or More. The AAA rules will govern payment
of filing fees and the AAA’s and arbitrator’s fees and expenses.
* f. Rejecting Future Arbitration Changes. You may reject any change we make to
section 15 (except address changes) by personally signing and sending us
notice within 30 days of the change by U.S. Mail to the address in section
15.b. If you do, the most recent version of section 15 before the change you
rejected will apply.
* g. Severability. If, after exhaustion of all appeals, a court finds any part
of this section 15 unenforceable as to any claim or request for a remedy,
then the parties agree to arbitrate all claims and remedies subject to
arbitration before litigating in court any remaining claims or remedies (such
as a request for a public injunction remedy, in which case the arbitrator
issues an award on liability and individual relief before a court considers
that request). Otherwise, if any other part of section 15 is found to be
unenforceable, the remainder will remain in effect (with an arbitration award
issued before any court proceeding begins).
MISCELLANEOUS
16. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before
the end of these Terms), 10, 11, 12, 13, 15, 18 and those that by their terms
apply after the Terms end will survive any termination or cancellation of these
Terms. We may assign these Terms, in whole or in part, at any time without
notice to you. You may not assign your rights or obligations under these Terms
or transfer any rights to use the Services. This is the entire agreement between
you and Microsoft for your use of the Services. It supersedes any prior
agreements between you and Microsoft regarding your use of the Services. All
parts of these Terms apply to the maximum extent permitted by relevant law. If a
court or arbitrator holds that we can't enforce a part of these Terms as
written, we may replace those terms with similar terms to the extent enforceable
under the relevant law, but the rest of these Terms won't change. Section 15.g
says what happens if parts of section 15 (arbitration and class action waiver)
are found to be unenforceable. Section 15.g prevails over this section if
inconsistent with it. Except for section 15 (arbitration and class action
waiver) these Terms are solely for your and our benefit; they aren’t for the
benefit of any other person, except for Microsoft’s successors and assigns.
17. Export Laws. You must comply with all domestic and international export laws
and regulations that apply to the software and/or Services, which include
restrictions on destinations, end users, and end use. For further information on
geographic and export restrictions, visit https://www.microsoft.com/exporting.
18. Reservation of Rights and Feedback. Except as expressly provided under these
Terms, Microsoft does not grant you a license or any other rights of any type
under any patents, know-how, copyrights, trade secrets, trademarks or other
intellectual property owned or controlled by Microsoft or any related entity,
including but not limited to any name, trade dress, logo or equivalents. If you
give to Microsoft any idea, proposal, suggestion or feedback, including without
limitation ideas for new products, technologies, promotions, product names,
product feedback and product improvements ("Feedback"), you give to Microsoft,
without charge, royalties or other obligation to you, the right to make, have
made, create derivative works, use, share and commercialize your Feedback in any
way and for any purpose. You will not give Feedback that is subject to a license
that requires Microsoft to license its software, technologies or documentation
to any third party because Microsoft includes your Feedback in them.
NOTICES
Notices and procedure for making claims of intellectual property infringement.
Microsoft respects the intellectual property rights of third parties. If you
wish to send a notice of intellectual property infringement, including claims of
copyright infringement, please use our procedures for submitting Notices of
Infringement
(https://www.microsoft.com/en-us/legal/intellectualproperty/infringement), which
procedures form part of these Terms. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE
WILL RECEIVE A RESPONSE.
Microsoft uses the processes set out in Title 17, United States Code, Section
512, and, where applicable, Chapter III of Regulation (EU) 2022/2065, to respond
to notices of copyright infringement. In appropriate circumstances, Microsoft
may also disable or terminate accounts of users of Microsoft services who may be
repeat infringers. Furthermore, in appropriate circumstances, Microsoft may
suspend processing notices by individuals or entities that frequently submit
unfounded notices. A further explanation of the applicable procedures for a
given Service, including possible redress for decisions taken by Microsoft as
part of these procedures, may be found at Notices of Infringement
(https://www.microsoft.com/en-us/legal/intellectualproperty/infringement).
Notices and procedures regarding intellectual property concerns in advertising.
Please review our Intellectual Property Guidelines
(https://go.microsoft.com/fwlink/?LinkId=243207) regarding intellectual property
concerns on our advertising network.
Copyright and trademark notices. The Services are copyright © Microsoft
Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A.
All rights reserved. The Terms incorporate Microsoft Trademark & Brand
Guidelines
(https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/usage/general.aspx)
(as amended from time to time). Microsoft and the names, logos, and icons of all
Microsoft products, software, and services may be either unregistered or
registered trademarks of the Microsoft group of companies in the United States
and/or other jurisdictions. The following is a non-exhaustive list of
Microsoft’s trademarks
(https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/en-us.aspx).
The names of actual companies and products may be the trademarks of their
respective owners. Any rights not expressly granted in these Terms are reserved.
Certain software used in certain Microsoft website servers is based in part on
the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane.
All rights reserved. "gnuplot" software used in certain Microsoft website
servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights
reserved.
Medical notice. Microsoft does not provide medical or any other health care
advice, diagnosis, or treatment. Always seek the advice of your physician or
other qualified health care provider with any questions you may have regarding a
medical condition, diet, fitness, or wellness program. Never disregard
professional medical advice or delay in seeking it because of information you
accessed on or through the Services.
Stock quotes and index data (including index values). Financial information
provided through the Services is for your personal, noncommercial use only. You
may not use any of the finance data or marks of any third-party licensor in
connection with the issuance, creation, sponsorship, trading, marketing, or
promotion of any financial instruments or investment products (for example,
indices, derivatives, structured products, investment funds, exchange-traded
funds, investment portfolios, etc., where the price, return and/or performance
of the instrument or investment product is based on, related to, or intended to
track any of the finance data) without a separate written agreement with the
third-party licensor.
Financial notice. Microsoft isn't a broker/dealer or registered investment
advisor under United States federal securities law or securities laws of other
jurisdictions and doesn't advise individuals as to the advisability of investing
in, purchasing, or selling securities or other financial products or services.
Nothing contained in the Services is an offer or solicitation to buy or sell any
security. Neither Microsoft nor its licensors of stock quotes or index data
endorse or recommend any particular financial products or services. Nothing in
the Services is intended to be professional advice, including without
limitation, investment or tax advice.
Tax Notices. Please review our tax notification page (https://aka.ms/taxservice)
for U.S. state and local sales/use tax information.
Notice about the H.264/AVC and VC-1 Video Standards. The software may include
H.264/AVC and/or VC-1 codec technology that is licensed by MPEG LA, L.L.C. This
technology is a format for data compression of video information. MPEG LA,
L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, AND THE VC-1 PATENT PORTFOLIO
LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE
VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE
H.264/AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL
AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO
PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA
WEBSITE (https://www.mpegla.com).
For clarification purposes only, this notice does not limit or inhibit the use
of the software provided under these Terms for normal business uses that are
personal to that business which do not include (i) redistribution of the
software to third parties, or (ii) creation of material with the VIDEO STANDARDS
compliant technologies for distribution to third parties.
Notice about the H.265/HEVC Video Standard. The software may include H.265/HEVC
coding technology. Access Advance LLC requires this notice:
IF INCLUDED, THE H.265/HEVC TECHNOLOGY IN THIS SOFTWARE IS COVERED BY ONE OR
MORE CLAIMS OF THE HEVC PATENTS LISTED AT: PATENTLIST.ACCESSADVANCE.COM.
DEPENDING ON HOW YOU OBTAINED THE SOFTWARE, THIS PRODUCT MAY BE LICENSED UNDER
THE HEVC ADVANCE PATENT PORTFOLIO.
If this software is installed on a Microsoft device, additional licensing
information can be found at: aka.ms/HEVCVirtualPatentMarking.
STANDARD APPLICATION LICENSE TERMS
STANDARD APPLICATION LICENSE TERMS
FOR APPLICATIONS OFFERED IN THE UNITED STATES
MICROSOFT STORE, MICROSOFT STORE ON WINDOWS, AND MICROSOFT STORE ON XBOX
These license terms are an agreement between you and the application publisher.
Please read them. They apply to the software applications you download from the
Microsoft Store, the Microsoft Store on Windows or the Microsoft Store on Xbox
(each of which is referred to in these license terms as the "Store"), including
any updates or supplements for the application, unless the application comes
with separate terms, in which case those terms apply.
BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU
ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT
DOWNLOAD OR USE THE APPLICATION.
The application publisher means the entity licensing the application to you, as
identified in the Store.
If you comply with these license terms, you have the rights below.
* 1. INSTALLATION AND USE RIGHTS; EXPIRATION. You may install and use the
application on Windows devices or Xbox consoles as described in Microsoft’s
Usage Rules (https://go.microsoft.com/fwlink/p/?LinkId=723143). Microsoft
reserves the right to modify Microsoft’s Usage Rules
(https://go.microsoft.com/fwlink/p/?LinkId=723143) at any time.
* 2. INTERNET-BASED SERVICES.
* a. Consent for Internet-based or wireless services. If the application
connects to computer systems over the Internet, which may include via a
wireless network, using the application operates as your consent to the
transmission of standard device information (including but not limited to
technical information about your device, system, and application software,
and peripherals) for Internet-based or wireless services. If other terms
are presented in connection with your use of services accessed using the
application, those terms also apply.
* b. Misuse of Internet-based services. You may not use any Internet-based
service in any way that could harm it or impair anyone else’s use of it or
the wireless network. You may not use the service to try to gain
unauthorized access to any service, data, account, or network by any means.
* 3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement
only gives you some rights to use the application. If Microsoft disables the
ability to use the applications on your devices pursuant to your agreement
with Microsoft, any associated license rights will terminate. The application
publisher reserves all other rights. Unless applicable law gives you more
rights despite this limitation, you may use the application only as expressly
permitted in this agreement. In doing so, you must comply with any technical
limitations in the application that only allow you to use it in certain ways.
You may not:
* a. Work around any technical limitations in the application.
* b. Reverse engineer, decompile, or disassemble the application, except and
only to the extent that applicable law expressly permits, despite this
limitation.
* c. Make more copies of the application than specified in this agreement or
allowed by applicable law, despite this limitation.
* d. Publish or otherwise make the application available for others to copy.
* e. Rent, lease, or lend the application.
* f. Transfer the application or this agreement to any third party.
* 4. DOCUMENTATION. If documentation is provided with the application, you may
copy and use the documentation for personal reference purposes.
* 5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to
United States or international technology control or export laws and
regulations. You must comply with all domestic and international export laws
and regulations that apply to the technology used or supported by the
application. These laws include restrictions on destinations, end users, and
end use. For information on Microsoft branded products, go to the Microsoft
exporting website (https://go.microsoft.com/fwlink/?LinkId=868967).
* 6. SUPPORT SERVICES. Contact the application publisher to determine if any
support services are available. Microsoft, your hardware manufacturer and
your wireless carrier (unless one of them is the application publisher)
aren’t responsible for providing support services for the application.
* 7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any
additional terms that accompany the application, and the terms for
supplements and updates are the entire license agreement between you and
application publisher for the application.
* 8. APPLICABLE LAW.
* a. United States and Canada. If you acquired the application in the United
States or Canada, the laws of the state or province where you live (or, if
a business, where your principal place of business is located) govern the
interpretation of these terms, claims for breach of them, and all other
claims (including consumer protection, unfair competition, and tort
claims), regardless of conflict of laws principles.
* b. Outside the United States and Canada. If you acquired the application in
any other country, the laws of that country apply.
* 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your state or country. This agreement doesn’t
change your rights under the laws of your state or country if the laws of
your state or country don’t permit it to do so.
* 10. DISCLAIMER OF WARRANTY. The application is licensed "as is," "with all
faults," and "as available." You bear the entire risk as to its quality,
safety, comfort, and performance. Should it prove defective, you assume the
entire cost of all necessary servicing or repair. The application publisher,
on behalf of itself, Microsoft, wireless carriers over whose network the
application is provided, and each of our respective affiliates, vendors,
agents, and suppliers ("Covered Parties"), gives no express warranties,
guarantees, or conditions in relation to the application. You may have
additional consumer rights under your local laws that this agreement can't
change. To the extent permitted under your local laws, Covered Parties
exclude any implied warranties or conditions, including those of
merchantability, fitness for a particular purpose, safety, comfort, and
non-infringement. If your local laws impose a warranty, guarantee or
condition even though these terms do not, its duration is limited to 90 days
from when you download the application.
* 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not
prohibited by law, if you have any basis for recovering damages, you can
recover from the application publisher only direct damages up to the amount
you paid for the application or $1.00, whichever is greater. You will not,
and waive any right to, seek to recover any other damages, including lost
profits and consequential, special, direct, indirect, or incidental damages,
from the application publisher.
This limitation applies to:
* Anything related to the application or services made available through the
application; and
* Claims for breach of contract, warranty, guarantee or condition; strict
liability, negligence, or other tort; violation of a statute or regulation;
unjust enrichment; or under any other theory; all to the extent permitted by
applicable law.
It also applies even if:
* This remedy doesn’t fully compensate you for any losses; or
* The application publisher knew or should have known about the possibility of
the damages.
COVERED SERVICES
The following products, apps and services are covered by the Microsoft Services
Agreement, but may not be available in your market.
* Account.microsoft.com
* Apps and services included with Microsoft 365 Basic
* Apps and services included with Microsoft 365 consumer subscriptions
* Apps and services included with Microsoft 365 Family
* Apps and services included with Microsoft 365 Personal
* Ask Cortana
* Bing Apps
* Bing Dictionary
* Bing Image and News (iOS)
* Bing Maps
* Bing Pages
* Bing Pros
* Bing Rebates
* Bing Search APIs/SDKs
* Bing Search app
* Bing Translator
* Bing Webmaster
* Bing.com
* Bingplaces.com
* Clipchamp
* Collections
* Cortana skills by Microsoft
* Cortana
* Default Homepage and New Tab Page on Microsoft Edge
* Dev Center App
* Device Health App
* Dictate
* Education.minecraft.net
* Experts for PowerPoint (Preview)
* Face Swap
* Feedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”)
* Forms.microsoft.com
* Forzamotorsport.net
* Groove Music Pass
* Groove
* GroupMe
* Image Creator from Microsoft Designer
* LineBack
* Link to Windows
* Maps App
* Microsoft 365 Business Standard, Microsoft 365 Business Basic and Microsoft
365 Apps*
* *Until a commercial domain is established for use of these services, at
which time separate Microsoft commercial terms will govern instead.
* Microsoft 365 Consumer
* Microsoft 365 Family
* Microsoft 365 for the web
* Microsoft 365 optional connected experiences
* Microsoft 365 Personal
* Microsoft Academic
* Microsoft account
* Microsoft Add-Ins for Skype
* Microsoft Bots
* Microsoft Collections
* Microsoft Copilot
* Microsoft Defender for individuals
* Microsoft Educator Community
* Microsoft Family
* Microsoft Health
* Microsoft Launcher
* Microsoft Loop
* Microsoft Math Solver
* Microsoft Movies & TV
* Microsoft Pay
* Microsoft Pix
* Microsoft Research Interactive Science
* Microsoft Research Open Data
* Microsoft Rewards
* Microsoft Search in Bing
* Microsoft Soundscape
* Microsoft Start
* Microsoft Support and Recovery Assistant for Office 365
* Microsoft Sway
* Microsoft Teams
* Microsoft Translator
* Microsoft Wallpaper
* MileIQ
* Minecraft games
* Minecraft Realms Plus and Minecraft Realms
* Mixer
* MSN Dial Up
* MSN Explorer
* MSN Food & Drink
* MSN Health & Fitness
* MSN Money
* MSN News
* MSN Premium
* MSN Sports
* MSN Travel
* MSN Weather
* MSN.com
* Next Lock Screen
* Office Store
* OneDrive.com
* OneDrive
* OneNote.com
* Outlook.com
* Paint 3D
* Phone Link
* Presentation Translator
* rise4fun
* Seeing AI
* Send
* Skype in the Classroom
* Skype Manager
* Skype.com
* Skype
* Smart Search
* SMS Organizer App
* Snip Insights
* Spreadsheet Keyboard
* Store
* Sway.com
* The free version of Microsoft 365
* to-do.microsoft.com
* Translator for Microsoft Edge
* Translator Live
* Universal Human Relevance System (UHRS)
* UrWeather
* ux.microsoft.com
* Video Breakdown
* Visio Online
* Web Translator
* whiteboard.office.com
* Windows games, apps and websites published by Microsoft
* Windows Movie Maker
* Windows Photo Gallery
* Windows Store
* Windows Live Mail
* Windows Live Writer
* Word Flow
* Xbox Cloud Gaming
* Xbox Game Pass
* Xbox Game Studios games, apps and websites
* Xbox Live Gold
* Xbox Live
* Xbox Music
* Xbox Store
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