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Published: June 15, 2022
Effective: August 15, 2022
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Microsoft Services Agreement
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 PrivacyYour 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 or share through the
Services ("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.
Top of page
Your ContentYour Content
2. Your Content. Many of our Services allow you to store or share Your Content
or receive material from others. We don’t claim ownership of Your Content. Your
Content remains Your Content 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 does not own, control, verify, pay for, endorse
or otherwise assume any liability for Your Content and 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. 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.
Top of page
Code of ConductCode of Conduct
3. Code of Conduct.
* 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.
* ii. Don’t engage in any activity that exploits, harms, or threatens to harm
children.
* iii. Don’t send spam or engage in phishing. 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.
* iv. Don’t publicly display or use the Services to share inappropriate
content or material (involving, for example, nudity, bestiality,
pornography, offensive language, graphic violence, or criminal activity) or
Your Content or material that does not comply with local laws or
regulations.
* v. Don’t engage in activity that is fraudulent, false or misleading (e.g.,
asking for money under false pretenses, impersonating someone else,
manipulating the Services to increase play count, or affect rankings,
ratings, or comments) or libelous or defamatory.
* vi. Don’t circumvent any restrictions on access to or availability of the
Services.
* vii. Don’t engage in activity that is harmful to you, the Services or
others (e.g., transmitting viruses, stalking, posting terrorist or violent
extremist content, communicating hate speech, or advocating violence
against others).
* viii. Don’t 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 photographs).
* ix. Don’t engage in activity that violates the privacy or data protection
rights of others.
* x. Don’t help others break these rules.
* b. Enforcement. If you violate these Terms, we may, in our sole discretion,
stop providing Services to you or we may close your Microsoft account. We may
also block delivery of a communication (like email, file sharing or instant
message) to or from the Services in an effort to enforce these Terms, or we
may remove or refuse to publish Your Content for any reason. When
investigating alleged violations of these Terms, Microsoft reserves the right
to review Your Content in order to resolve the issue, and you hereby
authorize such review. However, we cannot monitor the entire Services and
make no attempt to do so.
* c. Application to Xbox Services. Click here
(https://go.microsoft.com/fwlink/?linkid=868531) for more information about
how this Code of Conduct applies to all Xbox Services, including Xbox Game
Pass, Games for Windows Live and Xbox Game Studios games, applications,
services and content provided by Microsoft. Violations of the Code of Conduct
through Xbox Services (defined in section 13.a.i) may result in suspensions
or bans from participation in Xbox Services, including forfeiture of content
licenses, Xbox Gold Membership time, and Microsoft account balances
associated with the account.
* d. Microsoft Start Community Guidelines. The Microsoft Start Community
Guidelines (https://www.msn.com/en-au/community/guideline) govern registered
user engagement with news and professionally generated content on that
service. Violations of the Code of Conduct through the Microsoft Start
Community Guidelines may result in suspensions or bans from community
commenting, or termination of Microsoft accounts.
Top of page
Using the Services & SupportUsing 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" or "legal
responsibility" 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 or "legal responsibility" 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://go.microsoft.com/fwlink/p/?linkid=618278. 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. 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.
* c. 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.
* d. 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.
* e. Support. Customer support for some Services is available at
support.microsoft.com (https://support.microsoft.com). Certain Services may
offer separate or additional customer support, subject to the terms available
at www.microsoft.com/support-service-agreement, unless otherwise specified.
Support may not be available for preview or beta versions of features or
Services. The Services might not be compatible with software or services
provided by third parties, and you are responsible for familiarizing yourself
with compatibility requirements.
* f. 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.
Top of page
Using Third-Party Apps and ServicesUsing 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 also 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 13.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 these Terms. Microsoft does not
license any intellectual property to you as part of any Third-Party Apps and
Services. You agree to assume all risk and liability arising from your use of
these Third-Party Apps and Services and that Microsoft is not responsible for
any issues arising out of your use of them. Microsoft is not responsible or
liable to you or others for information or services provided by any Third-Party
Apps and Services.
Top of page
Service AvailabilityService 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 on a limited basis, 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. You agree not to access or use material
or Services which are illegal or not licensed for use in the country from
which you access or use such material or Services, or to conceal or
misrepresent your location or identity in order to access or use such
material or Services.
* 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.
Top of page
Updates to the Services or Software, and Changes to These TermsUpdates 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 do not 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 will 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
doesn't guarantee that we will support the version of the system for which
you purchased or licensed the software, apps, content or other products. Such
updates may not be compatible with software or services provided by third
parties. You may withdraw your consent to future software updates at any time
by uninstalling the software.
* 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 13.i), 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.
Top of page
Software LicenseSoftware 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 13.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.
Top of page
Payment TermsPayment 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 in the currency specified. The price stated for
the Services excludes all applicable taxes and currency exchange settlements,
unless stated otherwise. All prices for Skype paid products are inclusive of
applicable taxes, unless otherwise stated. You are solely responsible for
paying such taxes or other charges. Skype calculates taxes based on the
residential address associated with your billing information. You are
responsible for ensuring that this address is up to date and accurate. Except
for Skype products, taxes are calculated based on your location at the time
your Microsoft account was registered unless local law requires a different
basis for the calculation. 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. Depending on your location,
some transactions might require foreign currency conversion or be processed
in another country. Your bank might charge you additional fees for those
services when you use a debit or credit card. Please contact your bank for
details.
* 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. For all
Services other than Skype, 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 software and
products 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 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. For all Services other than Skype, 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, unless otherwise required
by law. If Microsoft has identified a billing error, we will correct that
error within 90-days. This policy does not affect any statutory rights that
may apply.
* f. Refund Policy. Unless otherwise provided by law or the terms of 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, unless otherwise required by law. We reserve the right to issue
refunds or credits at our sole discretion unless otherwise required by law.
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). If you
live in Taiwan or Israel, please note that according to the Consumer
Protection Act and its relevant regulations, all purchases pertaining to
digital content provided via intangible form and/or on-line services are
final and non-refundable when such content or service has been provided on
line. You are not entitled to claim any cooling off period or any refund.
* 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. For Skype, please
complete the Withdrawal Form using the information provided here
(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; or, if you
live in Taiwan or Israel, (v) you may receive a refund in the amount equal to
the unused fees you paid for a Service calculated at the time of
cancellation. If you live in Israel you may cancel by any of the means listed
on https://support.microsoft.com/help/4027815. Please contact a Microsoft
representative by telephone to obtain a refund if you are eligible for it. 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
free for a trial period. Microsoft reserves the right to charge you for such
Services (at the normal rate) if Microsoft determines (in its reasonable
discretion) that you are abusing the terms 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. Subject to applicable law, 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 also 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.
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Contracting Entity, Choice of Law, & Location for Resolving DisputesContracting
Entity, Choice of Law, & Location for Resolving Disputes
10. Contracting Entity, Choice of Law, & Location for Resolving Disputes. For
your use of free and paid consumer Skype-branded Services, if you live outside
of Europe, the Middle East and Africa, you are 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 unless specified otherwise below. For
free or paid consumer Skype-branded Services, if you live outside of Europe, the
Middle East and Africa, Luxembourg law governs the interpretation of these Terms
and claims for their breach, regardless of conflict of law principles. The laws
of the province or country where you live govern all other claims (including
consumer protection, unfair competition, and tort claims). If you live outside
of Europe, the Middle East and Africa, you and we irrevocably agree to the
exclusive jurisdiction and venue of the Luxembourg courts for all disputes
arising out of or relating to the consumer Skype-branded Services. For all other
Services, the entity with which you are contracting, the governing law, and the
location to resolve disputes appear below:
* a. Canada. If you live in (or, if a business, your principal place of
business is in) Canada, and you are using paid consumer Skype-branded
Services, or if you are using free portions of Microsoft Teams, you are
contracting with Skype Communications US Corporation, 2215-B Renaissance
Drive, Las Vegas, NV 89119, United States. For all other free and paid
consumer Services, you are contracting with Microsoft Corporation, One
Microsoft Way, Redmond, WA 98052, U.S.A. The laws of the province where you
live (or, if a business, your principal place of business) govern the
interpretation of these Terms, claims for their breach, and all other claims
(including consumer protection, unfair competition, and tort claims),
regardless of conflict of law principles. You and we irrevocably consent to
the exclusive jurisdiction and venue of the courts in Ontario for all
disputes arising out of or relating to these Terms or the Services.
* b. North or South America outside the United States and Canada. If you live
in (or, if a business, your principal place of business is in) North or South
America outside the United States and Canada, you are contracting with
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.
Washington State law governs the interpretation of these Terms and claims for
their breach, regardless of choice of law principles. The laws of the country
to which we direct your Services govern all other claims (including consumer
protection, unfair competition, and tort claims).
* c. Middle East, Africa or Europe. If you live in (or, if a business, your
principal place of business is in) the Middle East, Africa or in Europe
excluding the European Union (EU), Iceland, Lichtenstein, Norway,
Switzerland, and the United Kingdom, and you are using free portions of the
Services (such as Bing and MSN), you are contracting with Microsoft
Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A., except that if you
are using free portions of Skype, you are contracting with Microsoft Ireland
Operations Limited, One Microsoft Place, South County Business Park,
Leopardstown, Dublin 18, Ireland. If you paid to use a portion of the
Services, you are contracting with Microsoft Ireland Operations Limited, One
Microsoft Place, South County Business Park, Leopardstown, Dublin 18,
Ireland. For free and paid Services, the laws of Ireland govern the
interpretation of these Terms and claims for their breach, regardless of
conflict of laws principles. The laws of the country to which we direct your
Services govern all other claims (including consumer protection, unfair
competition, and tort claims). You and we irrevocably agree to the exclusive
jurisdiction and venue of the courts of Ireland for all disputes arising out
of or relating to these Terms or the Services.
* d. Asia or the South Pacific, unless your country is specifically called out
below. If you live in (or, if a business, your principal place of business is
in) Asia (except China, Japan, the Republic of Korea, or Taiwan) or the South
Pacific, and you are using free portions of the Services (such as Bing and
MSN), you are contracting with Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052, U.S.A. If you paid to use a portion of the Services, or
are using the free Outlook.com service in Singapore or Hong Kong, you are
contracting with Microsoft Regional Sales Pte Ltd., a corporation organized
under the laws of Singapore, with its registered address at 182 Cecil Street,
#13-01 Frasers Tower, Singapore 069547; provided, that if you live in (or, if
a business, your principal place of business is in) Australia, you are
contracting with Microsoft Pty Ltd, 1 Denison St, North Sydney, NSW 2060,
Australia and if you live in (or, if a business, your principal place of
business is in) New Zealand, you are contracting with Microsoft New Zealand
Limited, Level 5, 22 Viaduct Harbour Avenue, PO Box 8070 Symonds Street,
Auckland, 1150 New Zealand. For free and paid Services, Washington State law
governs the interpretation of these Terms and claims for their breach,
regardless of conflict of laws principles. The laws of the country to which
we direct your Services govern all other claims (including consumer
protection, unfair competition, and tort claims). Any dispute arising out of
or in connection with these Terms or the Services besides Skype, including
any question regarding their existence, validity, or termination, will be
referred to and finally resolved by arbitration in Singapore in accordance
with the Arbitration Rules of the Singapore International Arbitration Center
(SIAC), which rules are deemed to be incorporated by reference into this
clause. The Tribunal will consist of one arbitrator to be appointed by the
President of SIAC. The language of arbitration will be English. The decision
of the arbitrator will be final, binding, and incontestable, and it may be
used as a basis for judgment in any country or region.
* e. Japan. If you live in (or, if a business, your principal place of business
is in) Japan, and you are using free portions of the Services (such as Bing
and MSN), you are contracting with Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052, U.S.A. If you paid to use a portion of the Services, you
are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central
Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. For free and paid Services,
the laws of Japan govern these Terms and any matters arising out of or
relating to them or the Services. You and we irrevocably agree to the
exclusive original jurisdiction and venue of the Tokyo District Court for all
disputes arising out of or relating to these Terms or the Services.
* f. Republic of Korea.
* i. If you live in (or, if a business, your principal place of business is
in) the Republic of Korea, and you are using free portions of the Services
(such as Bing and MSN), you are contracting with Microsoft Corporation, One
Microsoft Way, Redmond, WA 98052, U.S.A. If you paid to use a portion of
the Services, you are contracting with Microsoft Korea, Inc., 12th Floor,
Tower A, The K-Twin Tower, Jongro 1 gil 50, Jongro-gu, Seoul, Republic of
Korea, 03142. For free and paid Services, the laws of the Republic of Korea
govern these Terms and any matters arising out of or relating to them or
the Services. You and we irrevocably agree to non-exclusive original
jurisdiction and venue of the Seoul Central District Court for all disputes
arising out of or relating to these Terms or the Services.
* ii. If you live in the Republic of Korea, by law, you may have certain
rights that can’t be limited by a contract like these Terms. These Terms
are in no way intended to restrict those rights or to restrict Microsoft’s
liabilities imposed by law. Notwithstanding anything to the contrary
contained herein, these Terms shall be effective to the extent permitted by
law. Any change of these Terms (and any change in the amount to be charged
for recurring subscription Services, if applicable) shall be made in
accordance with the requirements of law.
* g. Taiwan. If you live in (or, if a business, your principal place of
business is in) Taiwan, and you are using free portions of the Services (such
as Bing and MSN), you are contracting with Microsoft Corporation, One
Microsoft Way, Redmond, WA 98052, U.S.A. If you paid to use a portion of the
Services, you are contracting with Microsoft Taiwan Corp., 18F, No. 68,
Sec. 5, Zhongxiao E. Rd., Xinyi District, Taipei 11065, Taiwan. For free and
paid Services, the laws of Taiwan govern these Terms and any matters arising
out of or relating to them or the Services. For more details regarding
Microsoft Taiwan Corp., please view the website provided by the Ministry of
Economic Affairs R.O.C. (https://gcis.nat.gov.tw/mainNew/). You and we
irrevocably designate the Taipei District Court as the court of first
instance having jurisdiction over any disputes arising out of or relating to
these Terms or the Services, to the maximum extent permitted by Taiwan laws.
Your local consumer laws may require some local laws to govern or give you the
right to resolve disputes in another forum despite these Terms. If so, the
choice of law and forum provisions in section 10 apply as much as your local
consumer laws allow.
Top of page
WarrantiesWarranties
11. Warranties.
* a. 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." MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR
TIMELINESS OF THE SERVICES. 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 COMPUTER NETWORKS.
* b. 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.
* c. For consumers living in Australia: Our goods and services come with
guarantees that cannot be excluded under the Australian Consumer Law. For
major failures with the service, you are entitled:
* to cancel your service contract with us; and
* to a refund for the unused portion, or to compensation for its reduced
value.
You are also entitled to choose a refund or replacement for major failures
with goods. If a failure with the goods or a service does not amount to a
major failure, you are entitled to have the failure rectified in a reasonable
time. If this is not done you are entitled to a refund for the goods and to
cancel the contract for the service and obtain a refund of any unused
portion. You are also entitled to be compensated for any other reasonably
foreseeable loss or damage from a failure in the goods or service.
* d. For consumers living in New Zealand, you may have statutory rights under
the New Zealand Consumer Guarantees Act, and nothing in these Terms is
intended to affect those rights.
Top of page
Limitation of LiabilityLimitation of Liability
12. Limitation of Liability.
* a. If you have any basis for recovering damages (including breach of these
Terms), to the extent permitted by the applicable law, 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 USD$10.00 if the Services are free).
* b. To the extent permitted by the applicable law, you can't recover any (i)
consequential losses or damages; (ii) loss of actual or anticipated profits
(whether direct or indirect); (iii) loss of actual or anticipated income
(whether direct or indirect); (iv) loss of contract or business or other
losses or damages arising from your use of the Services in a non-personal
capacity; (v) special, indirect, incidental or punitive losses or damages;
and (vi) to the extent permitted by law, direct losses or damages in excess
of the caps specified in section 12.a above. These limitations and exclusions
apply 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.
* c. Microsoft is not responsible or liable for any failure to perform or delay
in performing its obligations under these Terms to the extent that the
failure or delay is caused by circumstances beyond Microsoft’s reasonable
control (such as labor disputes, acts of God, war or terrorist activity,
malicious damage, accidents or compliance with any applicable law or
government order). Microsoft will endeavor to minimize the effects of any of
these events and to perform the obligations that aren’t affected.
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Service-Specific TermsService-Specific Terms
13. Service-Specific Terms. The terms before and after section 13 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.
Top of page
XboxXbox
* 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 to the maximum extent permitted by your local laws.
* 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/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-GB/help/subscriptions-billing/manage-subscriptions/xbox-subscription-inactivity-policy).
Top of page
StoreStore
* 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 Windows and Microsoft Store on
Xbox). “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 for 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.
Top of page
Microsoft Family FeaturesMicrosoft 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.
Top of page
Group MessagingGroup 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.
Top of page
Skype, Microsoft Teams, and GroupMeSkype, 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. 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.
* ii. APIs or Broadcasting. If you want to use Skype software and products 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.
* iii. Fair Use Policies. Fair usage policies may apply to your use of Skype
software and products. 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/go/terms.fairusage/.
* iv. Mapping. Skype software and products contain 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 or
such Google Maps terms available in your country.
* v. Personal/Noncommercial Use. The use of Skype software and products is
for your personal and noncommercial use. You are permitted to use Skype at
work for your own business communications.
* vi. Skype Number/Skype To Go. If Microsoft 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. In certain countries, a number may be
made available to you by a Microsoft partner rather than Microsoft, and you
may need to enter into a separate agreement with such partner. For more
details on Skype Number see https://go.skype.com/home.skype-number.
* vii. 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.
* viii. Skype Charges. All prices for Skype paid products are inclusive of
applicable 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 on www.skype.com/go/allrates.
Call charges will be deducted from your Skype Credit balance. Microsoft 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 charges will be rounded
up to the next whole unit. In some countries, Skype paid products are
provided by Microsoft’s local partner and the partner’s terms of use will
apply to such transactions. 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.
* ix. Skype Credit. Microsoft 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, Microsoft 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. If you are located in
Japan and you buy Skype Credit from the Skype website, the preceding two
sentences do not apply to you and your Skype Credit shall expire 180 days
after the date of purchase. Once your credit expires, you will no longer be
able to reactivate it or use it. 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 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.
* x. 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.
* xi. Microsoft Teams SMS. Microsoft Teams may use Australia based numbers
provided by Belgacom International Carrier Services SA. with their primary
place of business at Boulevard du Roi Albert II, 27 1030, Bruxelles Belgium
("BICS"), for messages sent to recipients with Australian numbers.
Microsoft and its subsidiaries are not affiliated to BICS.
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Bing and MSNBing 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 intellectual property
license to use, reproduce, save, modify, aggregate, promote, transmit,
display or distribute as part of a service, and sub-license those rights to
third parties.
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CortanaCortana
* 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 13
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.
Top of page
Office ServicesOffice Services
* h. Office Services.
* i. Microsoft 365 Home, Microsoft 365 Personal, Office Online, Sway,
OneNote.com and any other Microsoft 365 subscription or Office-branded
Services are 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 subscription Services is governed by supplemental license
terms located at https://aka.ms/useterms together with these Terms.
* ii. Outlook. 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.
Top of page
Digital GoodsDigital Goods
* i. 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.
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OneDriveOneDrive
* j. OneDrive.
* i. Storage Allocation. If you have more content stored in your OneDrive
account than is provided to you under the terms of your free or paid
subscription service for OneDrive 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.
* ii. 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.
Top of page
Microsoft RewardsMicrosoft Rewards
* k. Microsoft Rewards.
* i. Microsoft Rewards (the "Program") enables you to earn redeemable points
for activities such as qualified searches, acquisitions, and other offers
from Microsoft. Offers may vary by market. 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 ("Search"). An acquisition is the process of
purchasing goods or downloading and acquiring a license for digital content
from Microsoft, whether free or paid ("Acquisition"). Rewards points are
not offered for every purchase from Microsoft. Microsoft may offer
additional opportunities to earn points from time to time, and each
points-earning offer will not be available in perpetuity. Your earned
points can be redeemed for rewards listed on the redeem page at
https://aka.ms/redeemrewards ("Rewards"). For more information see the
Rewards section at support.microsoft.com (https://support.microsoft.com)
("FAQ").
* 1. Program Requirements. You need a valid Microsoft account and your
devices must meet the minimum system requirements
(https://account.microsoft.com/rewards/). The Program is open to users
who reside in the markets listed in the FAQ. Individuals can have no more
than one Program account, even if an individual has multiple email
addresses, and households are limited to six accounts. The Program is
solely for your personal and noncommercial use.
* 2. Points. Except for donating your points to a nonprofit organization
listed on the redeem page, you cannot transfer points. Points are not
your personal property, and you may not obtain any cash or money in
exchange for them. Points are awarded to you on a promotional basis. You
cannot purchase points. Microsoft may limit the quantity of points or
Rewards per person, per household, or over a set period (e.g., a day)
provided that you are not disadvantaged in breach of good faith. You may
redeem no more than 550,000 points per calendar year in the Program.
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 expire if you do not earn or redeem any points
for 18 months.
* 3. Rewards. You may redeem your points or you may contribute points to a
listed nonprofit organization by visiting the redeem page
(https://aka.ms/redeemrewards) or by signing up for automatic
contributions to non-profit organizations through a giving program. 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 Rewards. Once you order a Reward, you
cannot cancel it or return it for a refund of points except in the case
of defective products or as required by applicable law. If you order a
Reward that is out of stock or unavailable for other reasons, we may
substitute a Reward of comparable value or refund your points. Microsoft
may update the Rewards offered on the redeem page or discontinue offering
specific Rewards. Some Rewards may have age eligibility requirements. Any
such requirements will be included in the relevant offer. You are
responsible for all federal, state, and local taxes and any other costs
of accepting and using the Reward. 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 are not for resale. For more
information about contributing points automatically to non-profit
organizations, see the Give with Bing FAQs
(https://www.microsoft.com/rewards/give-mode-overview).
* 4. Cancelling Your Participation in the Program. If you no longer wish to
participate in the Microsoft Rewards program, follow the instructions on
the opt out page
(https://account.microsoft.com/rewards/optout?confirm=false). If you opt
out, you will immediately lose all of your available points. Your Program
account may be cancelled if you do not log in at least once in an
18-month period. Additionally, Microsoft reserves the right to cancel the
Program account of a specific user for tampering with, abusing or
defrauding the Program, or for breach of these terms. Upon Program
cancellation (by you or us) or if the Program is suspended, you will have
90 days to redeem your points; otherwise, those points will be forfeited.
At the point of cancellation, your right to use the Program and accrue
future points ends.
* 5. Other Conditions. Microsoft reserves the right to disqualify you;
disable your access to the Program or your Rewards account; and/or
withhold points, Rewards and charitable contributions, if Microsoft
believes you are tampering with or abusing any aspect of the Program,
ineligible to receive a Reward for legal reasons (such as export laws),
or may be engaging in activities that violate these Terms.
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AzureAzure
* l. 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://aka.ms/AA7z67v.
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Microsoft SoundscapeMicrosoft Soundscape
* m. 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.
Top of page
Power PlatformPower Platform
* n. 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/).
Top of page
MiscellaneousMiscellaneous
14. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before
the end of these Terms), 10, 11, 12, 15, 17 and those that by their terms apply
after these Terms end will survive any termination or cancellation of these
Terms. To the extent permitted by applicable law, we may assign these Terms,
subcontract our obligations under these Terms, or sublicense our rights under
these Terms, in whole or in part, at any time without notice to you. You may not
assign 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. In entering into these Terms, you have not relied on any
statement, representation, warranty, understanding, undertaking, promise or
assurance other than as expressly set out in these Terms. 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. These Terms are solely
for your and our benefit. These Terms are not for the benefit of any other
person, except for Microsoft’s successors and assigns. Section headings are for
reference only and have no legal effect.
15. Claims Must Be Filed Within One Year. Any claim related to these Terms or
the Services must be filed in court (or arbitration if section 10.d applies)
within one year of the date you could first file the claim, unless your local
law requires a longer time to file claims. If not filed within that time, then
it's permanently barred.
16. 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.
17. 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.
Top of page
NOTICESNOTICES
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). ONLY
INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.
Microsoft uses the processes set out in Title 17, United States Code, Section
512 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.
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 at
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.
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, MPEG-4 VISUAL, 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.
Top of page
STANDARD APPLICATION LICENSE TERMSSTANDARD APPLICATION LICENSE TERMS
STANDARD APPLICATION LICENSE TERMS
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 what
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 this agreement and applies to claims for breach of it,
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. Subject to applicable law, the application is
licensed "as-is", "with all faults" and "as available". You bear all risk of
using it. The application publisher, on behalf of itself, Microsoft (if
Microsoft isn’t the application publisher), 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. The
entire risk as to the quality, safety, comfort, and performance of the
application is with you. Should the application prove defective, you assume
the entire cost of all necessary servicing or repair. 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.
* 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 USD$1.00, whichever is greater. Subject to
applicable law, you will not, and waive any right to, seek to recover any
other damages, including consequential, lost profits, special, indirect or
incidental damages from the application publisher. If your local laws impose
a warranty, guarantee or condition even though these terms do not, subject to
applicable law, its duration is limited to 90-days from when you download the
application.
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.
Top of page
Covered ServicesCovered 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
* Bing Apps
* Bing Dictionary
* Bing Image and News (iOS)
* Bing Maps
* Bing Pages
* Bing Rebates
* Bing Search APIs/SDKs
* Bing Search app
* Bing Translator
* Bing Webmaster
* Bing.com
* Bingplaces.com
* 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
* Face Swap
* Feedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”)
* Forms.microsoft.com
* forzamotorsport.net
* Groove Music Pass
* Groove
* GroupMe
* 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 Personal
* Microsoft Academic
* Microsoft account
* Microsoft Add-Ins for Skype
* Microsoft Bots
* Microsoft Collections
* Microsoft Defender for individuals
* Microsoft Educator Community
* Microsoft Family
* Microsoft Health
* Microsoft Launcher
* Microsoft Math Solver
* Microsoft Movies & TV
* Microsoft Pay
* Microsoft Pix
* Microsoft Research Interactive Science
* Microsoft Research Open Data
* Microsoft Search in Bing
* Microsoft Soundscape
* Microsoft Start
* Microsoft Support and Recovery Assistant for Office 365
* Microsoft Teams
* Microsoft Translator
* Microsoft Wallpaper
* Microsoft XiaoIce
* 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 365 Pro Plus optional connected experiences
* Office for the web (formerly Office Online)
* Office in Microsoft 365 Consumer
* Office in Microsoft 365 Family
* Office in Microsoft 365 Personal
* Office Store
* Office Sway
* Office.com
* OneDrive.com
* OneDrive
* OneNote.com
* Outlook.com
* Paint 3D
* Phone Link
* Presentation Translator
* Rinna
* rise4fun
* Seeing AI
* Send
* Skype in the Classroom
* Skype Manager
* Skype.com
* Skype
* Smart Search
* Snip Insights
* Spreadsheet Keyboard
* Store
* Sway.com
* to-do.microsoft.com
* Translator for Microsoft Edge
* Translator Live
* UrWeather
* ux.microsoft.com
* Video Breakdown
* Visio Online
* Web Translator
* whiteboard.office.com
* Windows games, apps and websites published by Microsoft
* Windows Live Mail
* Windows Live Writer
* Windows Movie Maker
* Windows Photo Gallery
* Windows Store
* Xbox Cloud Gaming
* Xbox Game Pass
* Xbox Game Studios games, apps and websites
* Xbox Live Gold
* Xbox Live
* Xbox Music
* Xbox Store
Top of page
Your PrivacyYour Privacy1_YourPrivacy
Summary
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 or share through the
Services ("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.
Full text
Your ContentYour Content2_yourContent
Summary
2. Your Content. Many of our Services allow you to store or share Your Content
or receive material from others. We don’t claim ownership of Your Content. Your
Content remains Your Content 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 does not own, control, verify, pay for, endorse
or otherwise assume any liability for Your Content and 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. 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.
Full text
Code of ConductCode of Conduct3_codeOfConduct
Summary
3. Code of Conduct.
* 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.
* ii. Don’t engage in any activity that exploits, harms, or threatens to harm
children.
* iii. Don’t send spam or engage in phishing. 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.
* iv. Don’t publicly display or use the Services to share inappropriate
content or material (involving, for example, nudity, bestiality,
pornography, offensive language, graphic violence, or criminal activity) or
Your Content or material that does not comply with local laws or
regulations.
* v. Don’t engage in activity that is fraudulent, false or misleading (e.g.,
asking for money under false pretenses, impersonating someone else,
manipulating the Services to increase play count, or affect rankings,
ratings, or comments) or libelous or defamatory.
* vi. Don’t circumvent any restrictions on access to or availability of the
Services.
* vii. Don’t engage in activity that is harmful to you, the Services or
others (e.g., transmitting viruses, stalking, posting terrorist or violent
extremist content, communicating hate speech, or advocating violence
against others).
* viii. Don’t 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 photographs).
* ix. Don’t engage in activity that violates the privacy or data protection
rights of others.
* x. Don’t help others break these rules.
* b. Enforcement. If you violate these Terms, we may, in our sole discretion,
stop providing Services to you or we may close your Microsoft account. We may
also block delivery of a communication (like email, file sharing or instant
message) to or from the Services in an effort to enforce these Terms, or we
may remove or refuse to publish Your Content for any reason. When
investigating alleged violations of these Terms, Microsoft reserves the right
to review Your Content in order to resolve the issue, and you hereby
authorize such review. However, we cannot monitor the entire Services and
make no attempt to do so.
* c. Application to Xbox Services. Click here
(https://go.microsoft.com/fwlink/?linkid=868531) for more information about
how this Code of Conduct applies to all Xbox Services, including Xbox Game
Pass, Games for Windows Live and Xbox Game Studios games, applications,
services and content provided by Microsoft. Violations of the Code of Conduct
through Xbox Services (defined in section 13.a.i) may result in suspensions
or bans from participation in Xbox Services, including forfeiture of content
licenses, Xbox Gold Membership time, and Microsoft account balances
associated with the account.
* d. Microsoft Start Community Guidelines. The Microsoft Start Community
Guidelines (https://www.msn.com/en-au/community/guideline) govern registered
user engagement with news and professionally generated content on that
service. Violations of the Code of Conduct through the Microsoft Start
Community Guidelines may result in suspensions or bans from community
commenting, or termination of Microsoft accounts.
Full text
Using the Services & SupportUsing the Services &
Support4_usingTheServicesSupport
Summary
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" or "legal
responsibility" 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 or "legal responsibility" 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://go.microsoft.com/fwlink/p/?linkid=618278. 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. 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.
* c. 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.
* d. 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.
* e. Support. Customer support for some Services is available at
support.microsoft.com (https://support.microsoft.com). Certain Services may
offer separate or additional customer support, subject to the terms available
at www.microsoft.com/support-service-agreement, unless otherwise specified.
Support may not be available for preview or beta versions of features or
Services. The Services might not be compatible with software or services
provided by third parties, and you are responsible for familiarizing yourself
with compatibility requirements.
* f. 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.
Full text
Using Third-Party Apps and ServicesUsing Third-Party Apps and
Services5_usingThird-PartyAppsAndServices
Summary
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 also 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 13.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 these Terms. Microsoft does not
license any intellectual property to you as part of any Third-Party Apps and
Services. You agree to assume all risk and liability arising from your use of
these Third-Party Apps and Services and that Microsoft is not responsible for
any issues arising out of your use of them. Microsoft is not responsible or
liable to you or others for information or services provided by any Third-Party
Apps and Services.
Full text
Service AvailabilityService Availability6_serviceAvailability
Summary
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 on a limited basis, 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. You agree not to access or use material
or Services which are illegal or not licensed for use in the country from
which you access or use such material or Services, or to conceal or
misrepresent your location or identity in order to access or use such
material or Services.
* 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.
Full text
Updates to the Services or Software, and Changes to These TermsUpdates to the
Services or Software, and Changes to These
Terms7_updatesToTheServicesOrSoftwareAndChangesToTheseTerms
Summary
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 do not 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 will 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
doesn't guarantee that we will support the version of the system for which
you purchased or licensed the software, apps, content or other products. Such
updates may not be compatible with software or services provided by third
parties. You may withdraw your consent to future software updates at any time
by uninstalling the software.
* 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 13.i), 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.
Full text
Software LicenseSoftware License8_softwareLicense
Summary
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 13.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.
Full text
Payment TermsPayment Terms9_paymentTerms
Summary
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 in the currency specified. The price stated for
the Services excludes all applicable taxes and currency exchange settlements,
unless stated otherwise. All prices for Skype paid products are inclusive of
applicable taxes, unless otherwise stated. You are solely responsible for
paying such taxes or other charges. Skype calculates taxes based on the
residential address associated with your billing information. You are
responsible for ensuring that this address is up to date and accurate. Except
for Skype products, taxes are calculated based on your location at the time
your Microsoft account was registered unless local law requires a different
basis for the calculation. 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. Depending on your location,
some transactions might require foreign currency conversion or be processed
in another country. Your bank might charge you additional fees for those
services when you use a debit or credit card. Please contact your bank for
details.
* 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. For all
Services other than Skype, 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 software and
products 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 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. For all Services other than Skype, 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, unless otherwise required
by law. If Microsoft has identified a billing error, we will correct that
error within 90-days. This policy does not affect any statutory rights that
may apply.
* f. Refund Policy. Unless otherwise provided by law or the terms of 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, unless otherwise required by law. We reserve the right to issue
refunds or credits at our sole discretion unless otherwise required by law.
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). If you
live in Taiwan or Israel, please note that according to the Consumer
Protection Act and its relevant regulations, all purchases pertaining to
digital content provided via intangible form and/or on-line services are
final and non-refundable when such content or service has been provided on
line. You are not entitled to claim any cooling off period or any refund.
* 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. For Skype, please
complete the Withdrawal Form using the information provided here
(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; or, if you
live in Taiwan or Israel, (v) you may receive a refund in the amount equal to
the unused fees you paid for a Service calculated at the time of
cancellation. If you live in Israel you may cancel by any of the means listed
on https://support.microsoft.com/help/4027815. Please contact a Microsoft
representative by telephone to obtain a refund if you are eligible for it. 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
free for a trial period. Microsoft reserves the right to charge you for such
Services (at the normal rate) if Microsoft determines (in its reasonable
discretion) that you are abusing the terms 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. Subject to applicable law, 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 also 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.
Full text
Contracting Entity, Choice of Law, & Location for Resolving DisputesContracting
Entity, Choice of Law, & Location for Resolving
Disputes10_contractingEntityChoiceOfLaw
Summary
10. Contracting Entity, Choice of Law, & Location for Resolving Disputes. For
your use of free and paid consumer Skype-branded Services, if you live outside
of Europe, the Middle East and Africa, you are 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 unless specified otherwise below. For
free or paid consumer Skype-branded Services, if you live outside of Europe, the
Middle East and Africa, Luxembourg law governs the interpretation of these Terms
and claims for their breach, regardless of conflict of law principles. The laws
of the province or country where you live govern all other claims (including
consumer protection, unfair competition, and tort claims). If you live outside
of Europe, the Middle East and Africa, you and we irrevocably agree to the
exclusive jurisdiction and venue of the Luxembourg courts for all disputes
arising out of or relating to the consumer Skype-branded Services. For all other
Services, the entity with which you are contracting, the governing law, and the
location to resolve disputes appear below:
* a. Canada. If you live in (or, if a business, your principal place of
business is in) Canada, and you are using paid consumer Skype-branded
Services, or if you are using free portions of Microsoft Teams, you are
contracting with Skype Communications US Corporation, 2215-B Renaissance
Drive, Las Vegas, NV 89119, United States. For all other free and paid
consumer Services, you are contracting with Microsoft Corporation, One
Microsoft Way, Redmond, WA 98052, U.S.A. The laws of the province where you
live (or, if a business, your principal place of business) govern the
interpretation of these Terms, claims for their breach, and all other claims
(including consumer protection, unfair competition, and tort claims),
regardless of conflict of law principles. You and we irrevocably consent to
the exclusive jurisdiction and venue of the courts in Ontario for all
disputes arising out of or relating to these Terms or the Services.
* b. North or South America outside the United States and Canada. If you live
in (or, if a business, your principal place of business is in) North or South
America outside the United States and Canada, you are contracting with
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.
Washington State law governs the interpretation of these Terms and claims for
their breach, regardless of choice of law principles. The laws of the country
to which we direct your Services govern all other claims (including consumer
protection, unfair competition, and tort claims).
* c. Middle East, Africa or Europe. If you live in (or, if a business, your
principal place of business is in) the Middle East, Africa or in Europe
excluding the European Union (EU), Iceland, Lichtenstein, Norway,
Switzerland, and the United Kingdom, and you are using free portions of the
Services (such as Bing and MSN), you are contracting with Microsoft
Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A., except that if you
are using free portions of Skype, you are contracting with Microsoft Ireland
Operations Limited, One Microsoft Place, South County Business Park,
Leopardstown, Dublin 18, Ireland. If you paid to use a portion of the
Services, you are contracting with Microsoft Ireland Operations Limited, One
Microsoft Place, South County Business Park, Leopardstown, Dublin 18,
Ireland. For free and paid Services, the laws of Ireland govern the
interpretation of these Terms and claims for their breach, regardless of
conflict of laws principles. The laws of the country to which we direct your
Services govern all other claims (including consumer protection, unfair
competition, and tort claims). You and we irrevocably agree to the exclusive
jurisdiction and venue of the courts of Ireland for all disputes arising out
of or relating to these Terms or the Services.
* d. Asia or the South Pacific, unless your country is specifically called out
below. If you live in (or, if a business, your principal place of business is
in) Asia (except China, Japan, the Republic of Korea, or Taiwan) or the South
Pacific, and you are using free portions of the Services (such as Bing and
MSN), you are contracting with Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052, U.S.A. If you paid to use a portion of the Services, or
are using the free Outlook.com service in Singapore or Hong Kong, you are
contracting with Microsoft Regional Sales Pte Ltd., a corporation organized
under the laws of Singapore, with its registered address at 182 Cecil Street,
#13-01 Frasers Tower, Singapore 069547; provided, that if you live in (or, if
a business, your principal place of business is in) Australia, you are
contracting with Microsoft Pty Ltd, 1 Denison St, North Sydney, NSW 2060,
Australia and if you live in (or, if a business, your principal place of
business is in) New Zealand, you are contracting with Microsoft New Zealand
Limited, Level 5, 22 Viaduct Harbour Avenue, PO Box 8070 Symonds Street,
Auckland, 1150 New Zealand. For free and paid Services, Washington State law
governs the interpretation of these Terms and claims for their breach,
regardless of conflict of laws principles. The laws of the country to which
we direct your Services govern all other claims (including consumer
protection, unfair competition, and tort claims). Any dispute arising out of
or in connection with these Terms or the Services besides Skype, including
any question regarding their existence, validity, or termination, will be
referred to and finally resolved by arbitration in Singapore in accordance
with the Arbitration Rules of the Singapore International Arbitration Center
(SIAC), which rules are deemed to be incorporated by reference into this
clause. The Tribunal will consist of one arbitrator to be appointed by the
President of SIAC. The language of arbitration will be English. The decision
of the arbitrator will be final, binding, and incontestable, and it may be
used as a basis for judgment in any country or region.
* e. Japan. If you live in (or, if a business, your principal place of business
is in) Japan, and you are using free portions of the Services (such as Bing
and MSN), you are contracting with Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052, U.S.A. If you paid to use a portion of the Services, you
are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central
Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. For free and paid Services,
the laws of Japan govern these Terms and any matters arising out of or
relating to them or the Services. You and we irrevocably agree to the
exclusive original jurisdiction and venue of the Tokyo District Court for all
disputes arising out of or relating to these Terms or the Services.
* f. Republic of Korea.
* i. If you live in (or, if a business, your principal place of business is
in) the Republic of Korea, and you are using free portions of the Services
(such as Bing and MSN), you are contracting with Microsoft Corporation, One
Microsoft Way, Redmond, WA 98052, U.S.A. If you paid to use a portion of
the Services, you are contracting with Microsoft Korea, Inc., 12th Floor,
Tower A, The K-Twin Tower, Jongro 1 gil 50, Jongro-gu, Seoul, Republic of
Korea, 03142. For free and paid Services, the laws of the Republic of Korea
govern these Terms and any matters arising out of or relating to them or
the Services. You and we irrevocably agree to non-exclusive original
jurisdiction and venue of the Seoul Central District Court for all disputes
arising out of or relating to these Terms or the Services.
* ii. If you live in the Republic of Korea, by law, you may have certain
rights that can’t be limited by a contract like these Terms. These Terms
are in no way intended to restrict those rights or to restrict Microsoft’s
liabilities imposed by law. Notwithstanding anything to the contrary
contained herein, these Terms shall be effective to the extent permitted by
law. Any change of these Terms (and any change in the amount to be charged
for recurring subscription Services, if applicable) shall be made in
accordance with the requirements of law.
* g. Taiwan. If you live in (or, if a business, your principal place of
business is in) Taiwan, and you are using free portions of the Services (such
as Bing and MSN), you are contracting with Microsoft Corporation, One
Microsoft Way, Redmond, WA 98052, U.S.A. If you paid to use a portion of the
Services, you are contracting with Microsoft Taiwan Corp., 18F, No. 68,
Sec. 5, Zhongxiao E. Rd., Xinyi District, Taipei 11065, Taiwan. For free and
paid Services, the laws of Taiwan govern these Terms and any matters arising
out of or relating to them or the Services. For more details regarding
Microsoft Taiwan Corp., please view the website provided by the Ministry of
Economic Affairs R.O.C. (https://gcis.nat.gov.tw/mainNew/). You and we
irrevocably designate the Taipei District Court as the court of first
instance having jurisdiction over any disputes arising out of or relating to
these Terms or the Services, to the maximum extent permitted by Taiwan laws.
Your local consumer laws may require some local laws to govern or give you the
right to resolve disputes in another forum despite these Terms. If so, the
choice of law and forum provisions in section 10 apply as much as your local
consumer laws allow.
Full text
WarrantiesWarranties11_Warranties
Summary
11. Warranties.
* a. 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." MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR
TIMELINESS OF THE SERVICES. 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 COMPUTER NETWORKS.
* b. 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.
* c. For consumers living in Australia: Our goods and services come with
guarantees that cannot be excluded under the Australian Consumer Law. For
major failures with the service, you are entitled:
* to cancel your service contract with us; and
* to a refund for the unused portion, or to compensation for its reduced
value.
You are also entitled to choose a refund or replacement for major failures
with goods. If a failure with the goods or a service does not amount to a
major failure, you are entitled to have the failure rectified in a reasonable
time. If this is not done you are entitled to a refund for the goods and to
cancel the contract for the service and obtain a refund of any unused
portion. You are also entitled to be compensated for any other reasonably
foreseeable loss or damage from a failure in the goods or service.
* d. For consumers living in New Zealand, you may have statutory rights under
the New Zealand Consumer Guarantees Act, and nothing in these Terms is
intended to affect those rights.
Full text
Limitation of LiabilityLimitation of Liability12_limitationOfLiability
Summary
12. Limitation of Liability.
* a. If you have any basis for recovering damages (including breach of these
Terms), to the extent permitted by the applicable law, 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 USD$10.00 if the Services are free).
* b. To the extent permitted by the applicable law, you can't recover any (i)
consequential losses or damages; (ii) loss of actual or anticipated profits
(whether direct or indirect); (iii) loss of actual or anticipated income
(whether direct or indirect); (iv) loss of contract or business or other
losses or damages arising from your use of the Services in a non-personal
capacity; (v) special, indirect, incidental or punitive losses or damages;
and (vi) to the extent permitted by law, direct losses or damages in excess
of the caps specified in section 12.a above. These limitations and exclusions
apply 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.
* c. Microsoft is not responsible or liable for any failure to perform or delay
in performing its obligations under these Terms to the extent that the
failure or delay is caused by circumstances beyond Microsoft’s reasonable
control (such as labor disputes, acts of God, war or terrorist activity,
malicious damage, accidents or compliance with any applicable law or
government order). Microsoft will endeavor to minimize the effects of any of
these events and to perform the obligations that aren’t affected.
Full text
Service-Specific TermsService-Specific Terms13_service-SpecificTerms
Summary
13. Service-Specific Terms. The terms before and after section 13 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.
Full text
XboxXbox13a_XboxLive
Summary
* 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 to the maximum extent permitted by your local laws.
* 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/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-GB/help/subscriptions-billing/manage-subscriptions/xbox-subscription-inactivity-policy).
Full text
StoreStore13b_Store
Summary
* 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 Windows and Microsoft Store on
Xbox). “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 for 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.
Full text
Microsoft Family FeaturesMicrosoft Family Features13c_MicrosoftFamily
Summary
* 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.
Full text
Group MessagingGroup Messaging13d_GroupMessaging
Summary
* 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.
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Skype, Microsoft Teams, and GroupMeSkype, Microsoft Teams, and GroupMe13e_Skype
Summary
* 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. 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.
* ii. APIs or Broadcasting. If you want to use Skype software and products 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.
* iii. Fair Use Policies. Fair usage policies may apply to your use of Skype
software and products. 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/go/terms.fairusage/.
* iv. Mapping. Skype software and products contain 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 or
such Google Maps terms available in your country.
* v. Personal/Noncommercial Use. The use of Skype software and products is
for your personal and noncommercial use. You are permitted to use Skype at
work for your own business communications.
* vi. Skype Number/Skype To Go. If Microsoft 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. In certain countries, a number may be
made available to you by a Microsoft partner rather than Microsoft, and you
may need to enter into a separate agreement with such partner. For more
details on Skype Number see https://go.skype.com/home.skype-number.
* vii. 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.
* viii. Skype Charges. All prices for Skype paid products are inclusive of
applicable 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 on www.skype.com/go/allrates.
Call charges will be deducted from your Skype Credit balance. Microsoft 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 charges will be rounded
up to the next whole unit. In some countries, Skype paid products are
provided by Microsoft’s local partner and the partner’s terms of use will
apply to such transactions. 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.
* ix. Skype Credit. Microsoft 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, Microsoft 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. If you are located in
Japan and you buy Skype Credit from the Skype website, the preceding two
sentences do not apply to you and your Skype Credit shall expire 180 days
after the date of purchase. Once your credit expires, you will no longer be
able to reactivate it or use it. 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 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.
* x. 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.
* xi. Microsoft Teams SMS. Microsoft Teams may use Australia based numbers
provided by Belgacom International Carrier Services SA. with their primary
place of business at Boulevard du Roi Albert II, 27 1030, Bruxelles Belgium
("BICS"), for messages sent to recipients with Australian numbers.
Microsoft and its subsidiaries are not affiliated to BICS.
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Bing and MSNBing and MSN13f_BingandMSN
Summary
* 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 intellectual property
license to use, reproduce, save, modify, aggregate, promote, transmit,
display or distribute as part of a service, and sub-license those rights to
third parties.
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CortanaCortana13g_Cortana
Summary
* 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 13
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.
Full text
Office ServicesOffice Services13h_officeBasedServices
Summary
* h. Office Services.
* i. Microsoft 365 Home, Microsoft 365 Personal, Office Online, Sway,
OneNote.com and any other Microsoft 365 subscription or Office-branded
Services are 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 subscription Services is governed by supplemental license
terms located at https://aka.ms/useterms together with these Terms.
* ii. Outlook. 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.
Full text
Digital GoodsDigital Goods13i_DigitalGoods
Summary
* i. 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.
Full text
OneDriveOneDrive13j_OneDrive
Summary
* j. OneDrive.
* i. Storage Allocation. If you have more content stored in your OneDrive
account than is provided to you under the terms of your free or paid
subscription service for OneDrive 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.
* ii. 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.
Full text
Microsoft RewardsMicrosoft Rewards13k_MicrosoftRewards
Summary
* k. Microsoft Rewards.
* i. Microsoft Rewards (the "Program") enables you to earn redeemable points
for activities such as qualified searches, acquisitions, and other offers
from Microsoft. Offers may vary by market. 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 ("Search"). An acquisition is the process of
purchasing goods or downloading and acquiring a license for digital content
from Microsoft, whether free or paid ("Acquisition"). Rewards points are
not offered for every purchase from Microsoft. Microsoft may offer
additional opportunities to earn points from time to time, and each
points-earning offer will not be available in perpetuity. Your earned
points can be redeemed for rewards listed on the redeem page at
https://aka.ms/redeemrewards ("Rewards"). For more information see the
Rewards section at support.microsoft.com (https://support.microsoft.com)
("FAQ").
* 1. Program Requirements. You need a valid Microsoft account and your
devices must meet the minimum system requirements
(https://account.microsoft.com/rewards/). The Program is open to users
who reside in the markets listed in the FAQ. Individuals can have no more
than one Program account, even if an individual has multiple email
addresses, and households are limited to six accounts. The Program is
solely for your personal and noncommercial use.
* 2. Points. Except for donating your points to a nonprofit organization
listed on the redeem page, you cannot transfer points. Points are not
your personal property, and you may not obtain any cash or money in
exchange for them. Points are awarded to you on a promotional basis. You
cannot purchase points. Microsoft may limit the quantity of points or
Rewards per person, per household, or over a set period (e.g., a day)
provided that you are not disadvantaged in breach of good faith. You may
redeem no more than 550,000 points per calendar year in the Program.
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 expire if you do not earn or redeem any points
for 18 months.
* 3. Rewards. You may redeem your points or you may contribute points to a
listed nonprofit organization by visiting the redeem page
(https://aka.ms/redeemrewards) or by signing up for automatic
contributions to non-profit organizations through a giving program. 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 Rewards. Once you order a Reward, you
cannot cancel it or return it for a refund of points except in the case
of defective products or as required by applicable law. If you order a
Reward that is out of stock or unavailable for other reasons, we may
substitute a Reward of comparable value or refund your points. Microsoft
may update the Rewards offered on the redeem page or discontinue offering
specific Rewards. Some Rewards may have age eligibility requirements. Any
such requirements will be included in the relevant offer. You are
responsible for all federal, state, and local taxes and any other costs
of accepting and using the Reward. 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 are not for resale. For more
information about contributing points automatically to non-profit
organizations, see the Give with Bing FAQs
(https://www.microsoft.com/rewards/give-mode-overview).
* 4. Cancelling Your Participation in the Program. If you no longer wish to
participate in the Microsoft Rewards program, follow the instructions on
the opt out page
(https://account.microsoft.com/rewards/optout?confirm=false). If you opt
out, you will immediately lose all of your available points. Your Program
account may be cancelled if you do not log in at least once in an
18-month period. Additionally, Microsoft reserves the right to cancel the
Program account of a specific user for tampering with, abusing or
defrauding the Program, or for breach of these terms. Upon Program
cancellation (by you or us) or if the Program is suspended, you will have
90 days to redeem your points; otherwise, those points will be forfeited.
At the point of cancellation, your right to use the Program and accrue
future points ends.
* 5. Other Conditions. Microsoft reserves the right to disqualify you;
disable your access to the Program or your Rewards account; and/or
withhold points, Rewards and charitable contributions, if Microsoft
believes you are tampering with or abusing any aspect of the Program,
ineligible to receive a Reward for legal reasons (such as export laws),
or may be engaging in activities that violate these Terms.
Full text
AzureAzure13l_Azure
Summary
* l. 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://aka.ms/AA7z67v.
Full text
Microsoft SoundscapeMicrosoft Soundscape13m_MicrosoftSoundscape
Summary
* m. 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.
Full text
Power PlatformPower Platform13n_PowerPlatform
Summary
* n. 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/).
Full text
MiscellaneousMiscellaneous14_15_16_17_miscellaneous
Summary
14. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before
the end of these Terms), 10, 11, 12, 15, 17 and those that by their terms apply
after these Terms end will survive any termination or cancellation of these
Terms. To the extent permitted by applicable law, we may assign these Terms,
subcontract our obligations under these Terms, or sublicense our rights under
these Terms, in whole or in part, at any time without notice to you. You may not
assign 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. In entering into these Terms, you have not relied on any
statement, representation, warranty, understanding, undertaking, promise or
assurance other than as expressly set out in these Terms. 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. These Terms are solely
for your and our benefit. These Terms are not for the benefit of any other
person, except for Microsoft’s successors and assigns. Section headings are for
reference only and have no legal effect.
15. Claims Must Be Filed Within One Year. Any claim related to these Terms or
the Services must be filed in court (or arbitration if section 10.d applies)
within one year of the date you could first file the claim, unless your local
law requires a longer time to file claims. If not filed within that time, then
it's permanently barred.
16. 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.
17. 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.
Full text
NOTICESNOTICESNOTICES
Summary
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). ONLY
INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.
Microsoft uses the processes set out in Title 17, United States Code, Section
512 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.
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 at
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.
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, MPEG-4 VISUAL, 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.
Full text
STANDARD APPLICATION LICENSE TERMSSTANDARD APPLICATION LICENSE
TERMSSTANDARDAPPLICATIONLICENSETERMS
Summary
STANDARD APPLICATION LICENSE TERMS
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 what
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 this agreement and applies to claims for breach of it,
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. Subject to applicable law, the application is
licensed "as-is", "with all faults" and "as available". You bear all risk of
using it. The application publisher, on behalf of itself, Microsoft (if
Microsoft isn’t the application publisher), 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. The
entire risk as to the quality, safety, comfort, and performance of the
application is with you. Should the application prove defective, you assume
the entire cost of all necessary servicing or repair. 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.
* 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 USD$1.00, whichever is greater. Subject to
applicable law, you will not, and waive any right to, seek to recover any
other damages, including consequential, lost profits, special, indirect or
incidental damages from the application publisher. If your local laws impose
a warranty, guarantee or condition even though these terms do not, subject to
applicable law, its duration is limited to 90-days from when you download the
application.
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.
Full text
Covered ServicesCovered Servicesserviceslist
Summary
The following products, apps and services are covered by the Microsoft Services
Agreement, but may not be available in your market.
* Account.microsoft.com
* Bing Apps
* Bing Dictionary
* Bing Image and News (iOS)
* Bing Maps
* Bing Pages
* Bing Rebates
* Bing Search APIs/SDKs
* Bing Search app
* Bing Translator
* Bing Webmaster
* Bing.com
* Bingplaces.com
* 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
* Face Swap
* Feedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”)
* Forms.microsoft.com
* forzamotorsport.net
* Groove Music Pass
* Groove
* GroupMe
* 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 Personal
* Microsoft Academic
* Microsoft account
* Microsoft Add-Ins for Skype
* Microsoft Bots
* Microsoft Collections
* Microsoft Defender for individuals
* Microsoft Educator Community
* Microsoft Family
* Microsoft Health
* Microsoft Launcher
* Microsoft Math Solver
* Microsoft Movies & TV
* Microsoft Pay
* Microsoft Pix
* Microsoft Research Interactive Science
* Microsoft Research Open Data
* Microsoft Search in Bing
* Microsoft Soundscape
* Microsoft Start
* Microsoft Support and Recovery Assistant for Office 365
* Microsoft Teams
* Microsoft Translator
* Microsoft Wallpaper
* Microsoft XiaoIce
* 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 365 Pro Plus optional connected experiences
* Office for the web (formerly Office Online)
* Office in Microsoft 365 Consumer
* Office in Microsoft 365 Family
* Office in Microsoft 365 Personal
* Office Store
* Office Sway
* Office.com
* OneDrive.com
* OneDrive
* OneNote.com
* Outlook.com
* Paint 3D
* Phone Link
* Presentation Translator
* Rinna
* rise4fun
* Seeing AI
* Send
* Skype in the Classroom
* Skype Manager
* Skype.com
* Skype
* Smart Search
* Snip Insights
* Spreadsheet Keyboard
* Store
* Sway.com
* to-do.microsoft.com
* Translator for Microsoft Edge
* Translator Live
* UrWeather
* ux.microsoft.com
* Video Breakdown
* Visio Online
* Web Translator
* whiteboard.office.com
* Windows games, apps and websites published by Microsoft
* Windows Live Mail
* Windows Live Writer
* Windows Movie Maker
* Windows Photo Gallery
* Windows Store
* Xbox Cloud Gaming
* Xbox Game Pass
* Xbox Game Studios games, apps and websites
* Xbox Live Gold
* Xbox Live
* Xbox Music
* Xbox Store
Full text
June 15, 20220
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Your Privacy
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Using Third-Party Apps and Services
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Updates to the Services or Software, and Changes to These Terms
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Limitation of Liability
Service-Specific Terms
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