33 of 135 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · Restriction or exception
Users may not perform unlawful acts or attempt to generate, upload, or distribute illegal content using Microsoft services.
i. Don’t do anything illegal, or try to generate or share content that is illegal.
data: user_content · purpose: legal_compliance · purpose: security
Legal Rights & Agreement Rules · Restriction or exception
Prohibits infringing third-party intellectual property or recording individuals without consent for biometric information processing or any other purpose.
viii. Don’t violate or infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information or any other purpose using any of the Services).
data: biometrics · data: recordings · purpose: legal_compliance
Legal Rights & Agreement Rules · Restriction or exception
Services and offerings may vary by region or device, and changing the account location may require re-acquiring previously paid applications or materials.
The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Microsoft account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
data: location_data · purpose: service_operation
Legal Rights & Agreement Rules · Restriction or exception
Microsoft disclaims liability for service disruptions or outages and recommends users maintain independent backups of all content and data.
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.
data: user_content · purpose: service_operation
Legal Rights & Agreement Rules · Procedure
Microsoft may change terms at any time with notice; continuing to use services after changes take effect constitutes binding acceptance.
We may change these Terms at any time, and we’ll tell you when we do.
means you agree to the new terms.
Legal Rights & Agreement Rules · Context
Users contract with Skype Communications S.à.r.l for Skype-branded offerings and Microsoft Corporation in Redmond, Washington for all other services.
For use of free and paid consumer Skype-branded Services, you're contracting with, and all references to “Microsoft” in these Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg. For all other Services, you're contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.
purpose: legal_compliance
Legal Rights & Agreement Rules · Procedure
For US residents or businesses principally located in the US, home-state law governs claims, while the Federal Arbitration Act governs arbitration. Disputes outside arbitration or small-claims court belong exclusively in King County, Washington state or federal courts.
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are not heard in arbitration or small claims court.
Legal Rights & Agreement Rules · Restriction or exception
Services are provided 'as is' and 'as available' with all faults; Microsoft disclaims implied warranties of merchantability, fitness, and uninterrupted service.
MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
purpose: legal_compliance
Legal Rights & Agreement Rules · Restriction or exception
To the maximum extent permitted by law, recovery is limited to direct damages equal to the service fee for the month of the loss or breach, or up to $10 for a free service. The clause excludes other damages, including lost profits, consequential, indirect and punitive damages, even if that remedy fails to compensate the loss.
you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive.
Legal Rights & Agreement Rules · Restriction or exception
AI services are not designed, intended, or authorized to substitute for qualified professional advice.
AI services are not designed, intended, or to be used as substitutes for professional advice.
purpose: legal_compliance
Legal Rights & Agreement Rules · Restriction or exception
Users must not use AI services to make decisions or take actions without appropriate human oversight where they may consequentially affect legal or financial position, opportunities, employment or human rights, or cause physical or psychological harm. The rule covers services operating autonomously or with varying human involvement.
you agree that you will not use the AI services, including those that make decisions, or take actions, autonomously or with varying levels of human intervention:
To make decisions or take actions without appropriate human oversight that may have a consequential impact on any person’s legal position, financial position, life opportunities, employment opportunities, or human rights, or may result in physical or psychological harm to a person or group of persons;
Legal Rights & Agreement Rules · Restriction or exception
US users agree to resolve disputes through binding individual arbitration with JAMS under the FAA, waiving jury trials and class or representative actions.
you and we agree to binding individual arbitration before JAMS under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
Legal Rights & Agreement Rules · Context
The arbitration provision broadly covers service, software, price, account, marketing, transaction, billing and contract disputes under any legal theory. Disputes about enforcing or determining the validity of either side’s or its licensors’ intellectual-property rights are excluded.
The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Microsoft account, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
Legal Rights & Agreement Rules · Procedure
Before arbitration, the parties must exchange an individualized Notice of Dispute and try informal resolution for 60 days after receipt. The notice may be mailed or submitted using the electronic form. Applicable limitation periods pause from the individualized notice until arbitration may properly be filed. A qualifying individual small-claims case may proceed instead of sending this notice.
you must first send an individualized Notice of Dispute to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A., or submit the form electronically. The Notice of Dispute form is available at [https://go.microsoft.com/fwlink/?LinkId=245499](https://go.microsoft.com/fwlink/?LinkId=245499). Complete that form in full, with all the information it requires. We’ll do the same if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of an individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this section 15.
Legal Rights & Agreement Rules · User right or choice
Either party may choose small-claims court instead of the notice-and-arbitration procedure if the case meets that court’s requirements and remains individual. The court must be in the user’s county of residence or, for a business user, its principal place of business.
Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).
Legal Rights & Agreement Rules · Procedure
JAMS uses its streamlined rules for personal or household users, or for disputes below $75,000 regardless of the user. Hearings involving $25,000 or less are by telephone or video unless the arbitrator finds good cause for an in-person hearing. In-person hearings are in the user’s county or business location. Declaratory or injunctive relief is limited to the individual claim.
JAMS will conduct any arbitration under its Comprehensive Arbitration Rules & Procedures. If you are an individual and use the Services for personal or household use, or if the value of the dispute is less than $75,000 whether or not you are an individual or how you use the Services, JAMS will conduct any arbitration under its Streamlined Arbitration Rules & Procedures. JAMS Mass Arbitration Procedures and Guidelines, as modified by this section 15, will apply in Related Cases (discussed below). For more information on JAMS rules, see [https://www.jamsadr.com](https://www.jamsadr.com). Section 15 and these Terms govern to the extent they conflict with any applicable JAMS rules. To initiate an arbitration, submit the Demand for Arbitration form available at [https://go.microsoft.com/fwlink/?LinkId=245497](https://go.microsoft.com/fwlink/?LinkId=245497) to JAMS and mail a copy to us. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.
Legal Rights & Agreement Rules · Procedure
At least 25 similar customer claims represented by the same or coordinating lawyers are treated as Related Cases. Up to 50 may proceed per batch, with each side choosing up to 25, while remaining cases wait. Each resolved batch is followed by mandatory mediation of remaining cases, paid for by Microsoft; this repeats until resolution.
If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” You and we agree that the JAMS Mass Arbitration Procedures and Guidelines in effect when the Demand for Arbitration is filed, as modified by this section 15, will apply to Related Cases. Related Cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this section 15; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; (iii) after the first batch is completed, the parties must engage in a single mediation of all remaining Related Cases, and we will pay the mediation fee; and (iv) if the mediation is unsuccessful at resolving the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this section 15, followed by a second mediation in which the parties must participate and for which we will pay the mediation fee. This staged process will continue until the parties resolve all Related Cases informally, through mediation, or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.
Legal Rights & Agreement Rules · User right or choice
A user may reject a future change to the arbitration section, other than an address change, by personally signing and mailing notice within 30 days. The immediately preceding arbitration section then applies; rejection does not eliminate arbitration.
You may reject any change we make to section 15 (except address changes) by personally signing and sending us notice within 30 days of the change by U.S. Mail to the address in section 15.b. If you do, the most recent version of section 15 before the change you rejected will apply.
Legal Rights & Agreement Rules · Restriction or exception
If a court finds part of the arbitration section unenforceable after all appeals, the parties arbitrate claims and remedies that remain arbitrable before litigating the others. The remaining arbitration provisions continue to operate, subject to the stated severability rules.
If, after exhaustion of all appeals, a court finds any part of this section 15 unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of section 15 is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
Legal Rights & Agreement Rules · Context
Xbox subscriptions are subject to separate subscription conditions. Minecraft's EULA supplements this agreement, and some Xbox services also have their own usage terms or codes of conduct.
XBOX Services subscriptions are subject to additional terms and conditions
supplements these Terms and applies to your use of Minecraft websites, services, software and games.
Some XBOX Services may have their own usage terms and codes of conduct.
Legal Rights & Agreement Rules · Context
Skype broadcasting and API use must follow their applicable licensing terms. Incorporated fair-use policies may limit the type, duration or volume of calls and messages.
If you want to use Skype in connection with any broadcast, you must comply
If you want to use any application program interface
may place limits on the type, duration or volume of calls or messages that you are able to make.
Legal Rights & Agreement Rules · Restriction or exception
Health bots are intended for fitness and wellness with a care-provider program; they are not medical devices or substitutes for medical care. Users bear responsibility for using them, and Microsoft disclaims responsibility for resulting decisions. Soundscape likewise is not a medical device or a substitute for professional medical judgment.
are not medical devices and are only intended for fitness and wellness purposes with a program issued by a care provider.
You assume full responsibility for your use of health bots. Microsoft is not responsible for any decision you make based on information you receive from health bots.
is not designed, intended, or made available as a medical device
Legal Rights & Agreement Rules · Context
Each named service is governed by the separate agreement under which it was obtained. This agreement points to the corresponding legal-information pages; it does not supply those separate terms.
Your use of the Azure service is governed by the terms and conditions of the separate agreement under which you obtained the services
Your use of the Power Platform service is governed by the terms and conditions of the separate agreement under which you obtained the services
Your use of the Dynamics 365 service is governed by the terms and conditions of the separate agreement under which you obtained the services
Legal Rights & Agreement Rules · Context
Copilot is governed by its linked supplemental terms alongside this agreement. Communications services, including Skype, Teams, Outlook and GroupMe, likewise incorporate linked supplemental use terms.
Your use of Copilot is governed by the supplemental terms and conditions under which you obtained those services
are governed by supplemental use terms
Legal Rights & Agreement Rules · Restriction or exception
The agreement makes users solely responsible for responding to third-party claims regarding their AI-service use, including copyright and other output-related claims. Users also warrant that they control the rights needed to supply their content.
You are solely responsible for responding to any third-party claims regarding Your use of the AI services
You warrant and represent that you own or otherwise control all of the rights to your content
Legal Rights & Agreement Rules · Restriction or exception
The prohibited uses include intentional deception, harmful subliminal manipulation, and exploiting age, disability or socioeconomic vulnerabilities in ways causing or likely to cause significant harm. Social scoring or predictive profiling leading to discriminatory, unfair or harmful treatment is also prohibited.
To deceive or intentionally misinform
with the intent to manipulate or distort the behavior of a person in a way that causes harm;
To exploit any of the vulnerabilities of a person due to their age, disability, or a specific socio- or economic situation
causes or is reasonably likely to cause that person or another person significant harm;
For social scoring or predictive profiling that would lead to discriminatory, unfair, biased, detrimental, unfavorable, or harmful treatment
Legal Rights & Agreement Rules · Procedure
A court exclusively decides formation, scope, validity, enforceability and arbitrability, compliance with pre-arbitration requirements, and enforcement of the bans on representative or combined proceedings. It may stop a noncompliant arbitration.
a court has exclusive authority:
to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement;
to decide whether the parties have complied with the pre-arbitration requirements
to enjoin an arbitration from proceeding if it does not comply with this section 15.
Legal Rights & Agreement Rules · Restriction or exception
Microsoft may assign the agreement in whole or part without notice, while users may not assign their rights, obligations or service-use rights. Listed sections and provisions that by their terms continue after termination survive. The agreement supersedes prior agreements; invalid terms may be replaced to the enforceable extent, with the arbitration-specific severability rule taking priority.
will survive any termination or cancellation of these Terms.
We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services.
It supersedes any prior agreements between you and Microsoft regarding your use of the Services.
Section 15.g prevails over this section if inconsistent with it.
Legal Rights & Agreement Rules · Company practice
Users must obey applicable domestic and international export laws, including destination, end-user and end-use restrictions.
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.
Legal Rights & Agreement Rules · Context
Microsoft says its services do not provide medical advice, diagnosis or treatment, and it is not a broker or registered investment adviser. Service information is not an offer to trade securities or professional investment or tax advice. Users are directed to qualified health professionals for medical concerns.
Microsoft does not provide medical or any other health care advice, diagnosis, or treatment.
Microsoft isn't a broker/dealer or registered investment advisor
Nothing in the Services is intended to be professional advice, including without limitation, investment or tax advice.
Legal Rights & Agreement Rules · User right or choice
For apps acquired in the US or Canada, the user’s state or province law governs; elsewhere, the acquisition country’s law applies. The license cannot change rights that local law makes nonwaivable. Applicable privacy policies, additional app terms and update terms form the full app-license agreement, and export restrictions also apply.
the laws of the state or province where you live
If you acquired the application in any other country, the laws of that country apply.
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.
are the entire license agreement between you and application publisher for the application.
You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application.
Legal Rights & Agreement Rules · Restriction or exception
Under the standard app license, the app is supplied as is, with faults and as available. The user bears performance and repair risk, and covered parties disclaim warranties to the extent law permits. Nonwaivable local consumer rights remain; if local law nevertheless imposes a warranty, the agreement states a 90-day duration from download.
You bear the entire risk as to its quality, safety, comfort, and performance.
You may have additional consumer rights under your local laws that this agreement can't change.
If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application.
Legal Rights & Agreement Rules · Context
Creating a Microsoft account, using the covered consumer services, or continuing use after notified changes accepts these terms. Service-specific terms take priority where they conflict with the general terms.
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.
These service-specific terms govern if there are any conflicts with the general terms.