Published: 30 July 2024
Effective: 30 September 2024
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"). By providing the opportunity of subscribing for, using and/or ordering the Services, Microsoft makes an offer to you. You accept these Terms by creating a Microsoft account, by using the Services or by continuing to use the Services after being notified of a change to these Terms. Please read, print and save a copy of these Terms for your records because Microsoft won’t save a copy for you.
If you are a microenterprise, small enterprise or a not-for-profit organisation please read section 15 on waiving any entitlements that would otherwise be applicable to you under the European Electronic Communications Code.
1. Your Privacy. Your privacy is important to us. Please read the Microsoft Privacy Statement (https://go.microsoft.com/fwlink/?LinkId=521839) (the "Privacy Statement") as it describes the types of data we collect from you and your devices (“Data”), how we use your Data and the legal bases we have to process your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others; postings submitted by you to Microsoft via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast, create, generate or share through the Services, or inputs that you submit in order to generate content ("Your Content").
2. Your Content. Many of our Services allow you to create, store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains yours and you are responsible for it.
3. Code of Conduct. You are accountable for your conduct and content when using the Services.
4. Using the Services and Support.
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 and may allow or require you to share Your Content or Data with such Third Party Apps and Services, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may allow or require 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 or liable to you or others for information or services provided by any Third-Party Apps and Services.
6. Service Availability.
7. Updates to the Services or Software and Changes to These Terms.
8. Software Licence. Unless accompanied by a separate Microsoft licence agreement (for example, if you are using a Microsoft application that is included with and a part of Windows, then the Microsoft Software Licence 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.
9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
10. Contracting Entity, Choice of Law and Place to Resolve Disputes. If you live in (or, if you are a business, your principal place of business is in) the European Union, Iceland, Liechtenstein, Norway, Switzerland or the United Kingdom, and you are using cost-free or paid Services, you are contracting with Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland (registered at the Companies Registration Office in Ireland under number 256796, VAT registration number: IE 8256796 U, with a registered address of 70 Sir John Rogerson’s Quay, Dublin 2, Ireland). The laws of Ireland govern all claims related to cost-free and paid Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have your habitual residence (or, if a business, where your principal place of business is located). With respect to jurisdiction, you and Microsoft agree to choose the courts of the country to which we direct your Services where you have your habitual residence (or, if a business, where your principal place of business is located) for all disputes arising out of or relating to these Terms, or in the alternative, you may choose the responsible court in Ireland.
11. Warranties. If you are a consumer, you have certain rights under the law. These rights include an obligation on Microsoft to provide the Services using reasonable care and skill. Nothing in these terms is intended to limit or exclude our liability for any breach by Microsoft of this and you shall benefit from the legal warranty of conformity and hidden defects under the law of the country to which we direct your Services. Learn more about your statutory rights here (https://www.microsoft.com/en-gb/store/b/aboutwarranties). SUBJECT TO THE WARRANTY ABOVE AND EXCEPT IN CASES IN WHICH WE HAVE HIDDEN DEFECTS IN BAD FAITH OR DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE – AND EXCEPT FOR SKYPE PAID PRODUCTS – WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. WE DON’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORY WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitation of Liability.
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.
14. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 16 and those that by their terms apply after it ends will survive any termination or cancellation of these Terms. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, so long as such assignment, transfer or disposal isn’t to your detriment, at any time without notice. You may not assign, transfer or otherwise dispose of these Terms or any rights to use the Services. If you live in Germany, you are not prevented from assigning any monetary claim against Microsoft. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreements between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, those terms shall be deemed replaced 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. It isn't for the benefit of any other person, except for Microsoft’s successors and assigns. Section headings are for reference only.
15. Waiver of end-user consumer protection provisions. If you are a microenterprise, small enterprise or a not-for-profit organisation, you agree to waive any and all entitlements that you would otherwise have under the European Electronic Communications Code (Directive 2018/1972) Article 102 paragraphs 1, 3 and 5, Article 105 paragraph 1 and Article 107 paragraphs 1 and 3.
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 licence 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 commercialise your Feedback in any way and for any purpose. You will not give Feedback that is subject to a licence that requires Microsoft to license its software, technologies or documentation to any third party because Microsoft includes your Feedback in them.
Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you have claims of intellectual property infringement, including claims of copyright infringement, we recommend that you send such notice to Microsoft's designated agent. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement (https://www.microsoft.com/legal/intellectualproperty/infringement), which procedures form part of these Terms.
Microsoft uses the processes set out in Title 17, United States Code, Section 512, and, where applicable, Chapter III of Regulation (EU) 2022/2065, to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers. Furthermore, in appropriate circumstances, Microsoft may suspend processing notices by individuals or entities that frequently submit unfounded notices. A further explanation of the applicable procedures for a given Service, including possible redress for decisions taken by Microsoft as part of these procedures, may be found at Notices of Infringement (https://www.microsoft.com/legal/intellectualproperty/infringement).
Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines (https://go.microsoft.com/fwlink/?LinkId=243207) regarding intellectual property concerns on our advertising network.
Copyright and trademark notices. The Services are copyright © Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. 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 countries. 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 doctor or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness or wellness programme. Never disregard professional medical advice or delay in seeking it because of information that 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, non-commercial 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, 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 adviser 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 LICENCES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE H.264/AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE (https://www.mpegla.com).
For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties.
Notice about the H.265/HEVC Video Standard. The software may include H.265/HEVC coding technology. Access Advance LLC requires this notice:
IF INCLUDED, THE H.265/HEVC TECHNOLOGY IN THIS SOFTWARE IS COVERED BY ONE OR MORE CLAIMS OF THE HEVC PATENTS LISTED AT: PATENTLIST.ACCESSADVANCE.COM. DEPENDING ON HOW YOU OBTAINED THE SOFTWARE, THIS PRODUCT MAY BE LICENSED UNDER THE HEVC ADVANCE PATENT PORTFOLIO.
If this software is installed on a Microsoft device, additional licensing information can be found at: aka.ms/HEVCVirtualPatentMarking.
STANDARD APPLICATION LICENCE TERMSFOR APPLICATIONS OFFERED IN THE EUROPEAN ECONOMIC AREA
MICROSOFT STORE, MICROSOFT STORE ON WINDOWS AND MICROSOFT STORE ON XBOX
These licence 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 licence 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.
IF YOU DO NOT ACCEPT THESE TERMS, 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 licence terms, you have the rights below.
The following products, apps and services are covered by the Microsoft Services Agreement, but may not be available in your market.
There are no affiliate contracting entities at this time. Microsoft Ireland Operations Limited is your contracting entity.