Side-by-side diff
Microsoft Corporation — Service Agreement
| Snapshot 2026-09-24 03:29 UTC | Snapshot 2026-09-30 08:19 UTC | ||||
|---|---|---|---|---|---|
| n | 1 | Published: **July 30, 2025** | n | 1 | Published: **July 30, 2026** |
| 2 | 2 | ||||
| n | 3 | Effective: **September 30, 2025** | n | 3 | Effective: **September 30, 2026** |
| 4 | 4 | ||||
| 5 | 5 | ||||
| 6 | 6 | ||||
| 20 | 20 | ||||
| 21 | **IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, | 21 | **IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, | ||
| > | PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 | > | PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 | ||
| > | . IT AFFECTS HOW DISPUTES ARE RESOLVED.** | > | . IT AFFECTS HOW DISPUTES ARE RESOLVED.** | ||
| 22 | 22 | ||||
| n | 23 | These terms (“ **Terms** ”) cover the use of those Microsoft consumer products, | n | 23 | These terms (“ **Terms** ”) cover the use of those Microsoft consumer products, |
| > | websites, related support, and services listed at the end of these Terms here (h | > | websites, related support, and services listed at the end of these Terms here (h | ||
| > | ttps://www.microsoft.com/servicesagreement#serviceslist) (the “ **Services** ”). | > | ttps://www.microsoft.com/servicesagreement/upcoming#serviceslist) and any other | ||
| > | You accept these Terms by creating a Microsoft account, through your use of the | > | Microsoft consumer products, websites and services that reference these Terms (t | ||
| > | Services, or by continuing to use the Services after being notified of a change | > | he “ **Services** ”). You accept these Terms by creating a Microsoft account, th | ||
| > | to these Terms. | > | rough your use of the Services, or by continuing to use the Services after being | ||
| > | notified of a change to these Terms. | ||||
| 24 | 24 | ||||
| 25 | Your Privacy | 25 | Your Privacy | ||
| 26 | 26 | ||||
| 82 | 82 | ||||
| 83 | Dynamics 365 | 83 | Dynamics 365 | ||
| 84 | 84 | ||||
| n | 85 | Copilot AI Experiences | n | 85 | Copilot |
| 86 | 86 | ||||
| 87 | AI Services | 87 | AI Services | ||
| 88 | 88 | ||||
| 120 | 3. **Code of Conduct.** You are accountable for your conduct and content when us | 120 | 3. **Code of Conduct.** You are accountable for your conduct and content when us | ||
| > | ing the Services. | > | ing the Services. | ||
| 121 | 121 | ||||
| 122 | - a. By agreeing to these Terms, you’re agreeing that, when using the Services, | 122 | - a. By agreeing to these Terms, you’re agreeing that, when using the Services, | ||
| > | including AI services that make decisions, or take actions, autonomously or with | > | including AI services that make decisions, or take actions, autonomously or with | ||
| > | varying levels of human intervention, you will follow these rules:i. Don’t do a | > | varying levels of human intervention, you will follow these rules:i. Don’t do a | ||
| > | nything illegal, or try to generate or share content that is illegal.ii. Don’t e | > | nything illegal, or try to generate or share content that is illegal.ii. Don’t e | ||
| > | ngage in any activity that exploits, harms, or threatens to harm children.iii. D | > | ngage in any activity that exploits, harms, or threatens to harm children.iii. D | ||
| > | on’t send spam or engage in phishing, or try to generate or distribute malware. | > | on’t send spam or engage in phishing, or try to generate or distribute malware. | ||
| > | Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (tex | > | Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (tex | ||
| > | t messages), instant messages, or similar electronic communications. Phishing is | > | t messages), instant messages, or similar electronic communications. Phishing is | ||
| > | sending emails or other electronic communications to fraudulently or unlawfully | > | sending emails or other electronic communications to fraudulently or unlawfully | ||
| > | induce recipients to reveal personal or sensitive information, such as password | > | induce recipients to reveal personal or sensitive information, such as password | ||
| > | s, dates of birth, Social Security numbers, passport numbers, credit card inform | > | s, dates of birth, Social Security numbers, passport numbers, credit card inform | ||
| > | ation, financial information, or other sensitive information, or to gain access | > | ation, financial information, or other sensitive information, or to gain access | ||
| > | to accounts or records, exfiltration of documents or other sensitive information | > | to accounts or records, exfiltration of documents or other sensitive information | ||
| > | , payment and/or financial benefit. Malware includes any activity designed to ca | > | , payment and/or financial benefit. Malware includes any activity designed to ca | ||
| > | use technical harm, such as delivering malicious executables, organizing denial | > | use technical harm, such as delivering malicious executables, organizing denial | ||
| > | of service attacks or managing command and control servers.iv. Don’t publicly di | > | of service attacks or managing command and control servers.iv. Don’t publicly di | ||
| > | splay or use the Services to generate or share inappropriate content or material | > | splay or use the Services to generate or share inappropriate content or material | ||
| > | (involving, for example, nudity, bestiality, pornography, offensive language, g | > | (involving, for example, nudity, bestiality, pornography, offensive language, g | ||
| > | raphic violence, self-harm, or criminal activity).v. Don’t engage in activity th | > | raphic violence, self-harm, or criminal activity).v. Don’t engage in activity th | ||
| > | at is fraudulent, false or misleading (e.g., asking for money under false preten | > | at is fraudulent, false or misleading (e.g., asking for money under false preten | ||
| > | ses, impersonating someone else, creating fake accounts, automating inauthentic | > | ses, impersonating someone else, creating fake accounts, automating inauthentic | ||
| > | activity, generating or sharing content that is intentionally deceptive, manipul | > | activity, generating or sharing content that is intentionally deceptive, manipul | ||
| > | ating the Services to increase play count, or affect rankings, ratings, or comme | > | ating the Services to increase play count, or affect rankings, ratings, or comme | ||
| > | nts).vi. Don’t circumvent any restrictions on access to, usage, or availability | > | nts).vi. Don’t circumvent any restrictions on access to, usage, or availability | ||
| > | of the Services (e.g., attempting to “jailbreak” an AI system or impermissible s | > | of the Services (e.g., attempting to “jailbreak” an AI system or impermissible s | ||
| > | craping).vii. Don’t engage in activity that is harmful to you, the Services, or | > | craping).vii. Don’t engage in activity that is harmful to you, the Services, or | ||
| > | others (e.g., transmitting viruses, stalking, trying to generate or sharing cont | > | others (e.g., transmitting viruses, stalking, trying to generate or sharing cont | ||
| > | ent that harasses, bullies or threatens others, posting terrorist or violent ext | > | ent that harasses, bullies or threatens others, posting terrorist or violent ext | ||
| > | remist content, communicating hate speech, or advocating violence against others | > | remist content, communicating hate speech, or advocating violence against others | ||
| > | ).viii. Don’t violate or infringe upon the rights of others (e.g., unauthorized | > | ).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 dist | > | sharing of copyrighted music or other copyrighted material, resale or other dist | ||
| > | ribution of Bing maps, or taking photographs or video/audio recordings of others | > | ribution of Bing maps, or taking photographs or video/audio recordings of others | ||
| > | without their consent for processing of an individual’s biometric identifiers/i | > | without their consent for processing of an individual’s biometric identifiers/i | ||
| > | nformation or any other purpose using any of the Services).ix. Don’t engage in a | > | nformation or any other purpose using any of the Services).ix. Don’t engage in a | ||
| > | ctivity that violates the privacy of others.x. Don’t help others break these rul | > | ctivity that violates the privacy of others.x. Don’t help others break these rul | ||
| > | es. | > | es. | ||
| n | 123 | - More information about our policies, moderation and enforcement processes and | n | 123 | - More information about our policies, moderation and enforcement processes and |
| > | service specific terms is available at aka.ms/trustandsafety. | > | service specific terms is available at https://aka.ms/trustandsafety. | ||
| 124 | 124 | ||||
| 125 | ## Using the Services & Support | 125 | ## Using the Services & Support | ||
| 126 | 126 | ||||
| 127 | 4. **Using the Services & Support.** | 127 | 4. **Using the Services & Support.** | ||
| 128 | 128 | ||||
| n | 129 | - a. **Microsoft account.** You’ll need a Microsoft account to access many of th | n | 129 | - a. **Microsoft account.** You’ll need a Microsoft account to access many of th |
| > | e Services. Your Microsoft account lets you sign in to products, websites and se | > | e Services. Your Microsoft account lets you sign in to products, websites and se | ||
| > | rvices provided by Microsoft and some Microsoft partners.i. **Creating an Accoun | > | rvices provided by Microsoft and some Microsoft partners.i. **Creating an Accoun | ||
| > | t.** You can create a Microsoft account by signing up online. You agree not to u | > | t.** You can create a Microsoft account by signing up online. You agree not to u | ||
| > | se any false, inaccurate or misleading information when signing up for your Micr | > | se any false, inaccurate or misleading information when signing up for your Micr | ||
| > | osoft account. In some cases, a third party, like your Internet service provider | > | osoft 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 a | > | , may have assigned a Microsoft account to you. If you received your Microsoft a | ||
| > | ccount from a third party, the third party may have additional rights over your | > | ccount 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 rev | > | account, like the ability to access or delete your Microsoft account. Please rev | ||
| > | iew any additional terms the third party provided you, as Microsoft has no respo | > | iew any additional terms the third party provided you, as Microsoft has no respo | ||
| > | nsibility regarding these additional terms. If you create a Microsoft account on | > | nsibility 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 | > | 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 | > | 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 a | > | your Microsoft account credentials to another user or entity. To protect your a | ||
| > | ccount, keep your account details and password confidential. You are responsible | > | ccount, keep your account details and password confidential. You are responsible | ||
| > | for all activity that occurs under your Microsoft account.ii. **Account Use.** | > | 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 | > | 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 associ | > | in at least once in a two-year period to keep your Microsoft account, and associ | ||
| > | ated Services (unless specified otherwise), active, unless a longer period is pr | > | ated Services (unless specified otherwise), active, unless a longer period is pr | ||
| > | ovided in the Microsoft account activity policy at https://go.microsoft.com/fwli | > | ovided in the Microsoft account activity policy at https://go.microsoft.com/fwli | ||
| > | nk/p/?linkid=2086738 or in an offer for a paid portion of the Services. If you d | > | nk/p/?linkid=2086738 or in an offer for a paid portion of the Services. If you d | ||
| > | on’t sign in during this time, we will assume your Microsoft account is inactive | > | on’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 | > | 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 O | > | a closed Microsoft account. You must sign into your Outlook.com inbox and your O | ||
| > | neDrive (separately) at least once in a one-year period, otherwise we will close | > | neDrive (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 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 ( | > | 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 a | > | for example, as a result of an account compromise), Microsoft may suspend your a | ||
| > | ccount until you can reclaim ownership. Based on the nature of the compromise, w | > | ccount until you can reclaim ownership. Based on the nature of the compromise, w | ||
| > | e may be required to disable access to some or all of Your Content. If you are h | > | e may be required to disable access to some or all of Your Content. If you are h | ||
| > | aving trouble accessing your Microsoft account, please visit this website: https | > | aving trouble accessing your Microsoft account, please visit this website: https | ||
| > | ://go.microsoft.com/fwlink/?LinkId=238656.iii. **Kids and Accounts.** By creatin | > | ://go.microsoft.com/fwlink/?LinkId=238656.iii. **Kids and Accounts.** By creatin | ||
| > | g a Microsoft account or using the Services, you accept and agree to be bound by | > | g 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" wh | > | these Terms and represent that you have either reached the age of majority wher | ||
| > | ere you live or your parent or legal guardian agrees to be bound by these Terms | > | e you live or your parent or legal guardian agrees to be bound by these Terms on | ||
| > | on your behalf. If you do not know whether you have reached the age of majority | > | your behalf. If you do not know whether you have reached the age of majority wh | ||
| > | where you live, or do not understand this section, please ask your parent or leg | > | ere you live, or do not understand this section, please ask your parent or legal | ||
| > | al guardian for help. If you are the parent or legal guardian of a minor, you an | > | guardian for help. If you are the parent or legal guardian of a minor, you and | ||
| > | d the minor accept and agree to be bound by these Terms and are responsible for | > | the minor accept and agree to be bound by these Terms and are responsible for al | ||
| > | all use of the Microsoft account or Services, including purchases, whether the m | > | l use of the Microsoft account or Services, including purchases, whether the min | ||
| > | inor’s account is now open or created later.iv. **Closing Your Account.**1. You | > | or’s account is now open or created later.iv. **Closing Your Account.**1. You ca | ||
| > | can cancel specific Services or close your Microsoft account at any time and for | > | n cancel specific Services or close your Microsoft account at any time and for a | ||
| > | any reason. To close your Microsoft account, please visit https://account.live. | > | ny reason. To close your Microsoft account, please visit https://account.live.co | ||
| > | com/closeaccount.aspx. When you ask us to close your Microsoft account, you can | > | m/closeaccount.aspx. When you ask us to close your Microsoft account, you can ch | ||
| > | choose to put it in a suspended state for either 30 or 60 days just in case you | > | oose to put it in a suspended state for either 30 or 60 days just in case you ch | ||
| > | change your mind. After that 30- or 60-day period, your Microsoft account will b | > | ange your mind. After that 30- or 60-day period, your Microsoft account will be | ||
| > | e closed. Please see section 4.a.iv.2 below for an explanation as to what happen | > | closed. Please see section 4.a.iv.2 below for an explanation as to what happens | ||
| > | s when your Microsoft account is closed. Logging back in during the suspension p | > | when your Microsoft account is closed. Logging back in during the suspension per | ||
| > | eriod will reactivate your Microsoft account.2. If your Microsoft account is clo | > | iod will reactivate your Microsoft account.2. If your Microsoft account is close | ||
| > | sed (whether by you or us), a few things happen. First, your right to use the Mi | > | d (whether by you or us), a few things happen. First, your right to use the Micr | ||
| > | crosoft account to access the Services stops immediately. Second, we’ll delete D | > | osoft account to access the Services stops immediately. Second, we’ll delete Dat | ||
| > | ata or Your Content associated with your Microsoft account or will otherwise dis | > | a or Your Content associated with your Microsoft account or will otherwise disas | ||
| > | associate it from you and your Microsoft account (unless we are required by law | > | sociate it from you and your Microsoft account (unless we are required by law to | ||
| > | to keep it, return it, or transfer it to you or a third party identified by you) | > | 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 Y | > | You should have a regular backup plan as Microsoft won’t be able to retrieve You | ||
| > | our Content or Data once your account is closed. Third, you may lose access to p | > | r Content or Data once your account is closed. Third, you may lose access to pro | ||
| > | roducts you’ve acquired. | > | ducts you’ve acquired. | ||
| 130 | - b. **Moderation and Enforcement.** Many of our Services that allow you to inte | 130 | - b. **Moderation and Enforcement.** Many of our Services that allow you to inte | ||
| > | ract, create, generate, and share content with others leverage safety systems to | > | ract, create, generate, and share content with others leverage safety systems to | ||
| > | protect our Services and other users.i. **Policies.** Our Code of Conduct ident | > | protect our Services and other users.i. **Policies.** Our Code of Conduct ident | ||
| > | ifies what’s prohibited when using our Services. Our content and conduct policie | > | ifies what’s prohibited when using our Services. Our content and conduct policie | ||
| > | s can be found here (https://www.microsoft.com/DigitalSafety/policies). Specific | > | s can be found here (https://www.microsoft.com/DigitalSafety/policies). Specific | ||
| > | Services have additional policies and community standards applicable to their u | > | Services have additional policies and community standards applicable to their u | ||
| > | sers, which are available here (https://www.microsoft.com/DigitalSafety/policies | > | sers, which are available here (https://www.microsoft.com/DigitalSafety/policies | ||
| > | /additional-guidelines).ii. **Reporting a Concern.** You can report concerning c | > | /additional-guidelines).ii. **Reporting a Concern.** You can report concerning c | ||
| > | ontent or conduct that may violate our Code of Conduct here (https://aka.ms/repo | > | ontent or conduct that may violate our Code of Conduct here (https://aka.ms/repo | ||
| > | rtconcerns).iii. **Review.** Where applicable, we may use automated systems and | > | rtconcerns).iii. **Review.** Where applicable, we may use automated systems and | ||
| > | humans to review content to identify suspected spam, viruses, fraud, phishing, m | > | humans to review content to identify suspected spam, viruses, fraud, phishing, m | ||
| > | alware, jailbreaking, or other illegal or harmful content or conduct.iv. **Enfor | > | alware, jailbreaking, or other illegal or harmful content or conduct.iv. **Enfor | ||
| > | cement.** We reserve the right to deny content if it exceeds limits on storage o | > | cement.** We reserve the right to deny content if it exceeds limits on storage o | ||
| > | r file size allowed by the Service. We may block, remove or decline to display c | > | r file size allowed by the Service. We may block, remove or decline to display c | ||
| > | ontent if it appears to violate our Code of Conduct or another Service policy or | > | ontent if it appears to violate our Code of Conduct or another Service policy or | ||
| > | where required by law. If you violate these terms or Policies (https://aka.ms/t | > | where required by law. If you violate these terms or Policies (https://aka.ms/t | ||
| > | rustandsafety), we may take action against your account. This could include limi | > | rustandsafety), we may take action against your account. This could include limi | ||
| > | ting access to certain features or Services, stopping providing Services, closin | > | ting access to certain features or Services, stopping providing Services, closin | ||
| > | g your Microsoft account immediately or blocking delivery of a communication (li | > | g your Microsoft account immediately or blocking delivery of a communication (li | ||
| > | ke email, file sharing or instant message) to or from the Services. Closure of y | > | ke email, file sharing or instant message) to or from the Services. Closure of y | ||
| > | our access to a Service or your account may result in forfeiture of content lice | > | our access to a Service or your account may result in forfeiture of content lice | ||
| > | nses, associated content, memberships, and Microsoft account balances associated | > | nses, associated content, memberships, and Microsoft account balances associated | ||
| > | with the account. When reviewing alleged violations of these Terms, Microsoft r | > | with the account. When reviewing alleged violations of these Terms, Microsoft r | ||
| > | eserves the right to review content to resolve the issue. However, we cannot mon | > | eserves the right to review content to resolve the issue. However, we cannot mon | ||
| > | itor the entire Services and make no attempt to do so. For more information abou | > | itor the entire Services and make no attempt to do so. For more information abou | ||
| > | t the moderation and enforcement processes (https://www.microsoft.com/DigitalSaf | > | t the moderation and enforcement processes (https://www.microsoft.com/DigitalSaf | ||
| > | ety/moderation-and-enforcement), Service specific terms, Additional policies and | > | ety/moderation-and-enforcement), Service specific terms, Additional policies and | ||
| > | guidelines (https://www.microsoft.com/DigitalSafety/policies/additional-guideli | > | guidelines (https://www.microsoft.com/DigitalSafety/policies/additional-guideli | ||
| > | nes), and appeals (https://www.microsoft.com/DigitalSafety/moderation-and-enforc | > | nes), and appeals (https://www.microsoft.com/DigitalSafety/moderation-and-enforc | ||
| > | ement/appeals), see https://aka.ms/trustandsafety. Information about our policy | > | ement/appeals), see https://aka.ms/trustandsafety. Information about our policy | ||
| > | relating to claims of intellectual property infringement may be found at NOTICES | > | relating to claims of intellectual property infringement may be found at NOTICES | ||
| > | . | > | . | ||
| 131 | - c. **Work or School Accounts.** You can sign into certain Microsoft services w | 131 | - c. **Work or School Accounts.** You can sign into certain Microsoft services w | ||
| > | ith a work or school email address. If you do, you agree that the owner of the d | > | ith a work or school email address. If you do, you agree that the owner of the d | ||
| > | omain associated with your email address may be notified of the existence of you | > | omain associated with your email address may be notified of the existence of you | ||
| > | r Microsoft account and its associated subscriptions, control and administer you | > | r Microsoft account and its associated subscriptions, control and administer you | ||
| > | r account, and access and process your Data, including the contents of your comm | > | r account, and access and process your Data, including the contents of your comm | ||
| > | unications and files, and that Microsoft may notify the owner of the domain if t | > | unications and files, and that Microsoft may notify the owner of the domain if t | ||
| > | he account or Data is compromised. You further agree that your use of the Micros | > | he account or Data is compromised. You further agree that your use of the Micros | ||
| > | oft services may be subject to the agreements Microsoft has with you or your org | > | oft services may be subject to the agreements Microsoft has with you or your org | ||
| > | anization and these Terms may not apply. If you already have a Microsoft account | > | anization 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 | > | 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 wi | > | under these Terms, you may be prompted to update the email address associated wi | ||
| > | th your Microsoft account in order to continue accessing such Services. | > | th your Microsoft account in order to continue accessing such Services. | ||
| 132 | - d. **Additional Equipment/Data Plans.** To use many of the Services, you’ll ne | 132 | - d. **Additional Equipment/Data Plans.** To use many of the Services, you’ll ne | ||
| > | ed an internet connection and/or data/cellular plan. You might also need additio | > | ed an internet connection and/or data/cellular plan. You might also need additio | ||
| > | nal equipment, like a headset, camera or microphone. You are responsible for pro | > | nal equipment, like a headset, camera or microphone. You are responsible for pro | ||
| > | viding all connections, plans, and equipment needed to use the Services and for | > | viding 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 equip | > | paying the fees charged by the provider(s) of your connections, plans, and equip | ||
| > | ment. Those fees are in addition to any fees you pay us for the Services and we | > | ment. 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 i | > | will not reimburse you for such fees. Check with your provider(s) to determine i | ||
| > | f there are any such fees that may apply to you. | > | f there are any such fees that may apply to you. | ||
| 188 | - j. **Price Changes.** We may change the price of the Services at any time and | 188 | - 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 reasonab | > | if you have a recurring purchase, we will notify you by email, or other reasonab | ||
| > | le manner, at least 15 days before the price change. If you do not agree to the | > | le 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 chang | > | price change, you must cancel and stop using the Services before the price chang | ||
| > | e takes effect. If there is a fixed term and price for your Service offer, that | > | e takes effect. If there is a fixed term and price for your Service offer, that | ||
| > | price will remain in force for the fixed term. | > | price will remain in force for the fixed term. | ||
| 189 | - k. **Payments to You.** If we owe you a payment, then you agree to timely and | 189 | - 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. Y | > | accurately provide us with any information we need to get that payment to you. Y | ||
| > | ou are responsible for any taxes and charges you may incur as a result of this p | > | ou are responsible for any taxes and charges you may incur as a result of this p | ||
| > | ayment to you. You must also comply with any other conditions we place on your r | > | ayment to you. You must also comply with any other conditions we place on your r | ||
| > | ight to any payment. If you receive a payment in error, we may reverse or requir | > | ight to any payment. If you receive a payment in error, we may reverse or requir | ||
| > | e return of the payment. You agree to cooperate with us in our efforts to do thi | > | e return of the payment. You agree to cooperate with us in our efforts to do thi | ||
| > | s. We may reduce the payment to you without notice to adjust for any previous ov | > | s. We may reduce the payment to you without notice to adjust for any previous ov | ||
| > | erpayment. | > | erpayment. | ||
| 190 | - l. **Gift Cards.** Redemption and use of gift cards (other than Skype gift car | 190 | - l. **Gift Cards.** Redemption and use of gift cards (other than Skype gift car | ||
| > | ds) are governed by the Microsoft Gift Card Terms and Conditions (https://suppor | > | ds) are governed by the Microsoft Gift Card Terms and Conditions (https://suppor | ||
| > | t.microsoft.com/help/10562/microsoft-account-gift-card-terms-and-conditions). In | > | t.microsoft.com/help/10562/microsoft-account-gift-card-terms-and-conditions). In | ||
| > | formation on Skype gift cards is available on Skype’s Help page (https://go.micr | > | formation on Skype gift cards is available on Skype’s Help page (https://go.micr | ||
| > | osoft.com/fwlink/?LinkId=615383). | > | osoft.com/fwlink/?LinkId=615383). | ||
| n | 191 | - m. **Bank Account Payment Method.** You may register an eligible bank account | n | 191 | - 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 account | > | with your Microsoft account to use it as a payment method. Eligible bank account | ||
| > | s include accounts held at a financial institution capable of receiving direct d | > | s include accounts held at a financial institution capable of receiving direct d | ||
| > | ebit entries (e.g., a United States-based financial institution that supports au | > | ebit entries (e.g., a United States-based financial institution that supports au | ||
| > | tomated clearing house ("**ACH**") entries, a European financial institution tha | > | tomated clearing house ("**ACH**") entries, a European financial institution tha | ||
| > | t supports Single Euro Payments Area ("**SEPA**") or "iDEAL" in the Netherlands) | > | t 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 | > | . 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 repr | > | Microsoft account (e.g., the “mandate” in the case of SEPA) also apply. You repr | ||
| > | esent and warrant that your registered bank account is held in your name or you | > | esent 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 reg | > | are authorized to register and use this bank account as a payment method. By reg | ||
| > | istering or selecting your bank account as your payment method, you authorize Mi | > | istering or selecting your bank account as your payment method, you authorize Mi | ||
| > | crosoft (or its agent) to initiate one or more debits for the total amount of yo | > | crosoft (or its agent) to initiate one or more debits for the total amount of yo | ||
| > | ur purchase or subscription charge (in accordance with the terms of your subscri | > | ur purchase or subscription charge (in accordance with the terms of your subscri | ||
| > | ption service) from your bank account (and, if necessary, initiate one or more c | > | ption service) from your bank account (and, if necessary, initiate one or more c | ||
| > | redits to your bank account to correct errors, issue a refund or similar purpose | > | redits 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 d | > | ), and you authorize the financial institution that holds your bank account to d | ||
| > | educt such debits or accept such credits. You understand that this authorization | > | educt such debits or accept such credits. You understand that this authorization | ||
| > | will remain in full force and effect until you remove your bank account informa | > | will remain in full force and effect until you remove your bank account informa | ||
| > | tion from your Microsoft account. Contact customer support as outlined above in | > | tion 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. L | > | section 4.f as soon as possible if you believe you have been charged in error. L | ||
| > | aws applicable in your country may also limit your liability for any fraudulent, | > | aws applicable in your country may also limit your liability for any fraudulent, | ||
| > | erroneous or unauthorized transactions from your bank account. By registering o | > | erroneous or unauthorized transactions from your bank account. By registering o | ||
| > | r selecting a bank account as your payment method, you acknowledge that you have | > | r selecting a bank account as your payment method, you acknowledge that you have | ||
| > | read, understand and agree to these Terms. | > | read, understand and agree to these Terms. | ||
| 192 | 192 | ||||
| 193 | ## Contracting Entity, Choice of Law, Jurisdiction | 193 | ## Contracting Entity, Choice of Law, Jurisdiction | ||
| 194 | 194 | ||||
| 231 | 231 | ||||
| 232 | ## Store | 232 | ## Store | ||
| 233 | 233 | ||||
| n | 234 | - b. **Store.** "Store" refers to a Service that allows you to browse, download, | n | 234 | - b. **Store.** "Store" refers to a Service that allows you to browse, download, |
| > | purchase, and rate and review applications (the term "application" includes gam | > | purchase, and rate and review applications (the term "application" includes gam | ||
| > | es) and other digital content. These Terms cover use of certain Stores owned or | > | es) 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 Offi | > | operated by Microsoft or its affiliates (including, but not limited to, the Offi | ||
| > | ce Store, Microsoft Store on XBOX and Microsoft Store on Windows). **"Office Sto | > | ce Store, Microsoft Store on XBOX and Microsoft Store on Windows). **"Office Sto | ||
| > | re"** means a Store for Office products and apps for Office, Microsoft 365, Shar | > | re"** means a Store for Office products and apps for Office, Microsoft 365, Shar | ||
| > | ePoint, Exchange, Access and Project (2013 versions or later), or any other expe | > | ePoint, Exchange, Access and Project (2013 versions or later), or any other expe | ||
| > | rience that is branded Office Store. **"Microsoft Store on Windows"** means a St | > | rience that is branded Office Store. **"Microsoft Store on Windows"** means a St | ||
| > | ore, owned and operated by Microsoft or its affiliates, for Windows devices such | > | ore, 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 Stor | > | as phone, PC and tablet, or any other experience that is branded Microsoft Stor | ||
| > | e and accessible on Windows devices such as phone, PC, or tablet. **"Microsoft S | > | e and accessible on Windows devices such as phone, PC, or tablet. **"Microsoft S | ||
| > | tore on XBOX"** means a Store owned and operated by Microsoft or its affiliates | > | tore on XBOX"** means a Store owned and operated by Microsoft or its affiliates | ||
| > | and made available on XBOX consoles, or any other experience that is branded Mic | > | and made available on XBOX consoles, or any other experience that is branded Mic | ||
| > | rosoft Store and made available on an XBOX console.i. **License Terms.** We will | > | rosoft Store and made available on an XBOX console.i. **License Terms.** We will | ||
| > | identify the publisher of each application available in the relevant Store. Unl | > | identify the publisher of each application available in the relevant Store. Unl | ||
| > | ess different license terms are provided with the application, the Standard Appl | > | ess different license terms are provided with the application, the Standard Appl | ||
| > | ication License Terms (**"SALT"**) at the end of these Terms are an agreement be | > | ication License Terms (**"SALT"**) at the end of these Terms are an agreement be | ||
| > | tween you and the application publisher setting forth the license terms that app | > | tween you and the application publisher setting forth the license terms that app | ||
| > | ly to an application you download through any Store owned or operated by Microso | > | ly to an application you download through any Store owned or operated by Microso | ||
| > | ft or its affiliates (excluding the Office Store). For clarity, these Terms cove | > | ft or its affiliates (excluding the Office Store). For clarity, these Terms cove | ||
| > | r the use of, and services provided by, Microsoft Services. Section 5 of these T | > | r the use of, and services provided by, Microsoft Services. Section 5 of these T | ||
| > | erms also applies to any Third-Party Apps and Services acquired through a Store. | > | erms 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 a | > | Applications downloaded through the Office Store are not governed by the SALT a | ||
| > | nd have separate license terms that apply.ii. **Updates.** Microsoft will automa | > | nd have separate license terms that apply.ii. **Updates.** Microsoft will automa | ||
| > | tically check for and download updates to your applications, even if you’re not | > | tically 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 | > | 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, cert | > | you prefer to pause automatic updates to Store applications. However, certain Of | ||
| > | ain Office Store applications that are entirely or partly hosted online may be u | > | fice Store applications that are entirely or partly hosted online may be updated | ||
| > | pdated at any time by the application developer and may not require your permiss | > | at any time by the application developer and may not require your permission to | ||
| > | ion to update.iii. **Ratings and Reviews.** If you rate or review an application | > | update. Some other apps may not be accessible until you accept an update. If yo | ||
| > | or other Digital Good in the Store, you may receive email from Microsoft contai | > | u choose not to download or install updates, your applications may no longer be | ||
| > | ning content from the publisher of the application or Digital Good. Any such ema | > | available, supported, or have previous functionality.iii. **Ratings and Reviews. | ||
| > | il comes from Microsoft; we do not share your email address with publishers of a | > | ** If you rate or review an application or other Digital Good in the Store, you | ||
| > | pplications or other Digital Goods you acquire through the Store.iv. **Safety Wa | > | may receive email from Microsoft containing content from the publisher of the ap | ||
| > | rning.** To avoid possible injury, discomfort or eye strain, you should take per | > | plication or Digital Good. Any such email comes from Microsoft; we do not share | ||
| > | iodic breaks from use of games or other applications, especially if you feel any | > | your email address with publishers of applications or other Digital Goods you ac | ||
| > | pain or fatigue resulting from usage. If you experience discomfort, take a brea | > | quire through the Store.iv. **Safety Warning.** To avoid possible injury, discom | ||
| > | k. Discomfort might include feelings of nausea, motion sickness, dizziness, diso | > | fort or eye strain, you should take periodic breaks from use of games or other a | ||
| > | rientation, headache, fatigue, eye strain, or dry eyes. Using applications can d | > | pplications, especially if you feel any pain or fatigue resulting from usage. If | ||
| > | istract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceil | > | you experience discomfort, take a break. Discomfort might include feelings of n | ||
| > | ings, fragile or valuable items that could be damaged. A very small percentage o | > | ausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain | ||
| > | f people may experience seizures when exposed to certain visual images like flas | > | , or dry eyes. Using applications can distract you and obstruct your surrounding | ||
| > | hing lights or patterns that may appear in applications. Even people with no his | > | s. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that coul | ||
| > | tory of seizures may have an undiagnosed condition that can cause these seizures | > | d be damaged. A very small percentage of people may experience seizures when exp | ||
| > | . Symptoms may include lightheadedness, altered vision, twitching, jerking or sh | > | osed to certain visual images like flashing lights or patterns that may appear i | ||
| > | aking of limbs, disorientation, confusion, loss of consciousness, or convulsions | > | n applications. Even people with no history of seizures may have an undiagnosed | ||
| > | . Immediately stop using and consult a doctor if you experience any of these sym | > | condition that can cause these seizures. Symptoms may include lightheadedness, a | ||
| > | ptoms, or consult a doctor before using the applications if you’ve ever suffered | > | ltered vision, twitching, jerking or shaking of limbs, disorientation, confusion | ||
| > | symptoms linked to seizures. Parents should monitor their children’s use of app | > | , loss of consciousness, or convulsions. Immediately stop using and consult a do | ||
| > | lications for signs of symptoms. | > | ctor if you experience any of these symptoms, or consult a doctor before using t | ||
| > | he applications if you’ve ever suffered symptoms linked to seizures. Parents sho | ||||
| > | uld monitor their children’s use of applications for signs of symptoms. | ||||
| 235 | 235 | ||||
| 236 | ## Microsoft Family Features | 236 | ## Microsoft Family Features | ||
| 237 | 237 | ||||
| 268 | 268 | ||||
| 269 | ## Cortana | 269 | ## Cortana | ||
| 270 | 270 | ||||
| n | 271 | - g. | n | ||
| 272 | **Cortana.**i. | ||||
| 273 | **Personal Noncommercial Use.** Cortana is Microsoft’s personal assistant Servi | 271 | - g. **Cortana.**i. **Personal Noncommercial Use.** Cortana is Microsoft’s perso | ||
| > | ce. The features, services and content provided by Cortana (collectively **"Cort | > | nal assistant Service. The features, services and content provided by Cortana (c | ||
| > | ana Services"**) are only for your personal and noncommercial use. ii. | > | ollectively **"Cortana Services"**) are only for your personal and noncommercial | ||
| > | use. As of 2024, Microsoft no longer supports Cortana Services. | ||||
| 274 | **Functionality and Content.** Cortana provides a range of features, some of wh | ||||
| > | ich are personalized. Cortana Services may allow you to access services, informa | ||||
| > | tion or functionality provided by other Microsoft Services or Third-Party Apps a | ||||
| > | nd Services. The service-specific Terms of section 14 also apply to your use of | ||||
| > | applicable Microsoft Services accessed through Cortana Services. Cortana provide | ||||
| > | s information for your planning purposes only and you should exercise your own i | ||||
| > | ndependent judgment when reviewing and relying on this information. Microsoft do | ||||
| > | es not guarantee the reliability, availability or timeliness of personalized exp | ||||
| > | eriences provided by Cortana. Microsoft is not responsible if a Cortana feature | ||||
| > | delays or prevents you from receiving, reviewing or sending a communication or n | ||||
| > | otification, or obtaining a service.iii. | ||||
| 275 | **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 (th | ||||
| > | ird-party skills or connected services). If you choose, Cortana may exchange inf | ||||
| > | ormation with Third-Party Apps and Services, such as your zip code and queries a | ||||
| > | nd responses returned by the Third-Party App and Services, to help you obtain re | ||||
| > | quested services. Cortana may enable you to make purchases through Third-Party A | ||||
| > | pps and Services using the account preferences and settings you have established | ||||
| > | directly with those Third-Party Apps and Services. You can disconnect your Cort | ||||
| > | ana 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 o | ||||
| > | f these Terms. Publishers of Third-Party Apps and Services may change or discont | ||||
| > | inue the functionality or features of their Third-Party Apps and Services or int | ||||
| > | egration with Cortana Services. Microsoft is not responsible or liable for manuf | ||||
| > | acturer provided software or firmware.iv. | ||||
| 276 | **Cortana-Enabled Devices.** Cortana-enabled devices are products or devices th | ||||
| > | at are enabled to access Cortana Services, | ||||
| 277 | or products or devices that are compatible with Cortana Services. Cortana-enabl | ||||
| > | ed devices include third-party devices or products that | ||||
| 278 | Microsoft does not own, manufacture, or develop. Microsoft is not responsible o | ||||
| > | r liable for these third-party devices or products.v. | ||||
| 279 | **Software Updates.** We may automatically check your version of Cortana Servic | ||||
| > | es 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. | ||||
| 280 | 272 | ||||
| 281 | ## Microsoft 365 Apps and Services | 273 | ## Microsoft 365 Apps and Services | ||
| 282 | 274 | ||||
| n | 283 | - h. | n | 275 | - h. **Microsoft 365 Apps and Services.**i. **Use Terms.** Use of apps such as W |
| > | ord, Excel, PowerPoint, Outlook, OneDrive, Access, and Publisher in Microsoft 36 | ||||
| > | 5 Personal, Microsoft 365 Family, Microsoft 365 Premium, and any other Microsoft | ||||
| > | 365 app or subscription Service is governed by supplemental license terms locat | ||||
| > | ed at https://aka.ms/useterms together with these Terms.ii. **Additional Outlook | ||||
| > | Terms.** Outlook includes use of Bing Maps. Any content provided through Bing M | ||||
| > | aps, including geocodes, can only be used within the product through which the c | ||||
| > | ontent 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 Pri | ||||
| > | vacy Statement available at go.microsoft.com/fwlink/?LinkID=248686. | ||||
| 284 | **Microsoft 365 Apps and Services.**i. | ||||
| 285 | **Use Terms.** Microsoft 365 Family, Microsoft 365 Personal, Microsoft 365 Basi | ||||
| > | c, Sway, OneNote.com and any other Microsoft 365 app or Service or Office-brande | ||||
| > | d Service is for your personal, noncommercial use, unless you have commercial us | ||||
| > | e rights under a separate agreement with Microsoft. Use of apps such as Word, Ex | ||||
| > | cel, PowerPoint, Outlook, OneDrive, Access, and Publisher in Microsoft 365 Famil | ||||
| > | y, Microsoft 365 Personal, and any other Microsoft 365 app or subscription Servi | ||||
| > | ce is governed by supplemental license terms located at https://aka.ms/useterms | ||||
| > | together with these Terms. | ||||
| 286 | ii. | ||||
| 287 | **Additional Outlook Terms.** Outlook includes use of Bing Maps. Any content pr | ||||
| > | ovided through Bing Maps, including geocodes, can only be used within the produc | ||||
| > | t through which the content is provided. Your use of Bing Maps is governed by th | ||||
| > | e 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. | ||||
| 288 | 276 | ||||
| 289 | ## Health Bots | 277 | ## Health Bots | ||
| 290 | 278 | ||||
| 293 | 281 | ||||
| 294 | ## Digital Goods | 282 | ## Digital Goods | ||
| 295 | 283 | ||||
| n | 296 | - j. **Digital Goods.** Through Microsoft Groove, Microsoft Movies & TV, Store, | n | 284 | - j. **Digital Goods.** Through Microsoft Movies & TV, Store, XBOX Services and |
| > | XBOX Services and any other related and future services, Microsoft may enable yo | > | any other related and future services, Microsoft may enable you to obtain, liste | ||
| > | u to obtain, listen to, view, play or read (as the case may be) music, images, v | > | n to, view, play or read (as the case may be) music, images, video, text, books, | ||
| > | ideo, text, books, games or other material (**"Digital Goods"**) that you may ge | > | games or other material (**"Digital Goods"**) that you may get in digital form. | ||
| > | t in digital form. The Digital Goods are only for your personal, noncommercial e | > | The Digital Goods are only for your personal, noncommercial entertainment use. | ||
| > | ntertainment use. You agree not to redistribute, broadcast, publicly perform or | > | You agree not to redistribute, broadcast, publicly perform or publicly display o | ||
| > | publicly display or transfer any copies of the Digital Goods. Digital Goods may | > | r transfer any copies of the Digital Goods. Digital Goods may be owned by Micros | ||
| > | be owned by Microsoft or by third parties. In all circumstances, you understand | > | oft or by third parties. In all circumstances, you understand and acknowledge th | ||
| > | and acknowledge that your rights with respect to Digital Goods are limited by th | > | at your rights with respect to Digital Goods are limited by these Terms, copyrig | ||
| > | ese Terms, copyright law, and the Usage Rules located at https://go.microsoft.co | > | ht law, and the Usage Rules located at https://go.microsoft.com/fwlink/p/?LinkId | ||
| > | m/fwlink/p/?LinkId=723143. You agree that you will not attempt to modify any Dig | > | =723143. You agree that you will not attempt to modify any Digital Goods obtaine | ||
| > | ital Goods obtained through any of the Services for any reason whatsoever, inclu | > | d through any of the Services for any reason whatsoever, including for the purpo | ||
| > | ding for the purpose of disguising or changing ownership or source of the Digita | > | se of disguising or changing ownership or source of the Digital Goods. Microsoft | ||
| > | l Goods. Microsoft or the owners of the Digital Goods may, from time to time, re | > | or the owners of the Digital Goods may, from time to time, remove Digital Goods | ||
| > | move Digital Goods from the Services without notice. | > | from the Services without notice. | ||
| 297 | 285 | ||||
| 298 | ## Microsoft Storage | 286 | ## Microsoft Storage | ||
| 299 | 287 | ||||
| 308 | 296 | ||||
| 309 | ## Microsoft Rewards | 297 | ## Microsoft Rewards | ||
| 310 | 298 | ||||
| n | 311 | - m. **Microsoft Rewards.**i. **General Information.** Microsoft Rewards (the "* | n | 299 | - m. **Microsoft Rewards.**i. **General Information.** Microsoft Rewards (the "* |
| > | *Rewards Program**") is free to join, and it enables you to earn points ("**Poin | > | *Rewards Program**") is free to join, and it enables you to earn points ("**Poin | ||
| > | ts**") for certain activities and for personal use of certain Microsoft products | > | ts**") for certain activities and for personal use of certain Microsoft products | ||
| > | and services. If you have a Microsoft account and are located in a participatin | > | and services. If you have a Microsoft account and are located in a participatin | ||
| > | g Region (defined below), you have been automatically enrolled in the Rewards Pr | > | g Region (defined below), you have been automatically enrolled in the Rewards Pr | ||
| > | ogram and can begin earning Points immediately. You can cancel your participatio | > | ogram and can begin earning Points immediately. You can cancel your participatio | ||
| > | n in the Rewards Program at any time by following the instructions below.ii. You | > | n in the Rewards Program at any time by following the instructions below.ii. You | ||
| > | can redeem your Points in a variety of ways ("**Redemption Options**"), includi | > | can redeem your Points in a variety of ways ("**Redemption Options**"), includi | ||
| > | ng for certain products and services listed on the Redemption Page at https://ak | > | ng for certain products and services listed on the Redemption Page at https://ak | ||
| > | a.ms/redeemrewards ("**Rewards**"). To be eligible to redeem your Points for any | > | a.ms/redeemrewards ("**Rewards**"). To be eligible to redeem your Points for any | ||
| > | Redemption Option, you must first activate your Rewards Program account ("**Rew | > | Redemption Option, you must first activate your Rewards Program account ("**Rew | ||
| > | ards Account**") on the Rewards Dashboard at https://rewards.microsoft.com/ or o | > | ards Account**") on the Rewards Dashboard at https://rewards.microsoft.com/ or o | ||
| > | n certain other Microsoft sites and pages. There is no cost to activate your Rew | > | n certain other Microsoft sites and pages. There is no cost to activate your Rew | ||
| > | ards Account.iii. Certain restrictions and limitations apply to earning, redeemi | > | ards Account.iii. Certain restrictions and limitations apply to earning, redeemi | ||
| > | ng, and other uses of Points in the Rewards Program. For more information see th | > | ng, and other uses of Points in the Rewards Program. For more information see th | ||
| > | e Rewards section at https://support.microsoft.com ("**FAQ**").iv. **Requirement | > | e Microsoft Support Rewards section at https://go.microsoft.com/fwlink/?linkid=2 | ||
| > | s.** You need a valid Microsoft account and you must reside in one of the geogra | > | 132733 ("**FAQ**") and Rewards support page for XBOX at https://www.xbox.com/en- | ||
| > | phic areas listed in the FAQ ("**Regions**") to activate your Rewards Account an | > | US/rewards.iv. **Requirements.** You need a valid Microsoft account and you must | ||
| > | d to earn, redeem, or otherwise use Points. You may open and use only one Reward | > | reside in one of the geographic areas listed in the FAQ ("**Regions**") to acti | ||
| > | s Account, even if you have multiple email addresses. Each household is limited | > | vate your Rewards Account and to earn, redeem, or otherwise use Points. You may | ||
| > | to six Rewards Accounts. The Rewards Program is solely for your personal and non | > | open and use only one Rewards Account, even if you have multiple email addresses | ||
| > | commercial use. Use of a virtual private network (VPN) or other technology or se | > | . Each household is limited to six Rewards Accounts. The Rewards Program is sole | ||
| > | rvice that can be used to mask or obfuscate your geographic location may result | > | ly for your personal and noncommercial use. Use of a virtual private network (VP | ||
| > | in cancellation of your Rewards Account and forfeiture of your accrued Points.v. | > | N) or other technology or service that can be used to mask or obfuscate your geo | ||
| > | **Earning Points.** You may be presented with opportunities to earn Points for | > | graphic location may result in cancellation of your Rewards Account and forfeitu | ||
| > | certain qualifying activities ("**Offers**"), such as Searches, Acquisitions, us | > | re of your accrued Points.v. **Earning Points.** You may be presented with oppor | ||
| > | e of certain Microsoft products and services, and other opportunities from Micro | > | tunities to earn Points for certain qualifying activities ("**Offers**"), such a | ||
| > | soft. You must have an active Rewards Account to take advantage of such Offers. | > | s Searches, Acquisitions, use of certain Microsoft products and services, and ot | ||
| > | After completing requirements for certain Offers, you may be required to claim t | > | her opportunities from Microsoft. You must have an active Rewards Account to tak | ||
| > | he Points on the Rewards Dashboard before the Points are earned and added to you | > | e advantage of such Offers. After completing requirements for certain Offers, yo | ||
| > | r Rewards Account. Failure to claim the Points within the time specified by Micr | > | u may be required to claim the Points on the Rewards Dashboard before the Points | ||
| > | osoft may result in the Points being forfeited. Eligible Offers may vary by Regi | > | are earned and added to your Rewards Account. Failure to claim the Points withi | ||
| > | on and may only be available for a certain time or subject to other limitations. | > | n the time specified by Microsoft may result in the Points being forfeited. Elig | ||
| > | You must comply with all terms and conditions of a particular Offer to earn Poi | > | ible Offers may vary by Region and may only be available for a certain time or s | ||
| > | nts awarded with that Offer. You may be presented with Offers directly on the Re | > | ubject to other limitations. You must comply with all terms and conditions of a | ||
| > | wards Dashboard or when you use certain Microsoft products and services. From ti | > | particular Offer to earn Points awarded with that Offer. You may be presented wi | ||
| > | me to time, Microsoft may offer or award you additional Points in its sole discr | > | th Offers directly on the Rewards Dashboard or when you use certain Microsoft pr | ||
| > | etion and with or without prior notice, including for what Microsoft determines | > | oducts and services. From time to time, Microsoft may offer or award you additio | ||
| > | to be good-faith Searches and other interactions with Microsoft services.vi. For | > | nal Points in its sole discretion and with or without prior notice, including fo | ||
| > | purposes of the Rewards Program, a "**Search**" is the act of an individual use | > | r what Microsoft determines to be good-faith Searches and other interactions wit | ||
| > | r manually entering text for the good faith purpose of obtaining Bing search res | > | h Microsoft services.vi. For purposes of the Rewards Program, a "**Search**" is | ||
| > | ults for such user’s own research purposes; a “Search” does not include queries | > | the act of an individual user manually entering text for the good faith purpose | ||
| > | not intended or used for genuine good-faith personal research purposes or a quer | > | of obtaining Bing search results for such user’s own research purposes; a “Searc | ||
| > | y entered by a bot, macro, or other automated or fraudulent means of any kind. F | > | h” does not include queries not intended or used for genuine good-faith personal | ||
| > | or purposes of the Rewards Program, an “**Acquisition**” is the process of purch | > | research purposes or a query entered by a bot, macro, or other automated or fra | ||
| > | asing goods or downloading and acquiring a license for digital content directly | > | udulent means of any kind. For purposes of the Rewards Program, an “**Acquisitio | ||
| > | from Microsoft, whether free or paid. Points are not offered for every Acquisiti | > | n**” is the process of purchasing goods or downloading and acquiring a license f | ||
| > | on from Microsoft, and certain restrictions may apply.vii. **Restrictions & Limi | > | or digital content directly from Microsoft, whether free or paid. Points are not | ||
| > | tations on Points.** Points are awarded by Microsoft to individual Rewards Accou | > | offered for every Acquisition from Microsoft, and certain restrictions may appl | ||
| > | nts and cannot be transferred to any other person or entity. Notwithstanding the | > | y.vii. **Restrictions & Limitations on Points.** Points are awarded by Microsoft | ||
| > | foregoing, Microsoft may from time to time in its sole discretion permit you (i | > | to individual Rewards Accounts and cannot be transferred to any other person or | ||
| > | ) to share your Points within your household (limits may apply), (ii) to contrib | > | entity. Notwithstanding the foregoing, Microsoft may from time to time in its s | ||
| > | ute your Points to support a nonprofit organization listed on the Redemption Pag | > | ole discretion permit you (i) to share your Points within your household (limits | ||
| > | e, or (iii) depending on your Region and subject to other terms and conditions, | > | may apply), (ii) to contribute your Points to support a nonprofit organization | ||
| > | to redeem all or some of your Points for points in certain other rewards or loya | > | listed on the Redemption Page, or (iii) depending on your Region and subject to | ||
| > | lty programs, including programs operated by Microsoft or authorized third parti | > | other terms and conditions, to redeem all or some of your Points for points in c | ||
| > | es. Points are and remain at all times the property of Microsoft, and do not con | > | ertain other rewards or loyalty programs, including programs operated by Microso | ||
| > | stitute your personal property; they have no cash value, and you may not obtain | > | ft or authorized third parties. Points are and remain at all times the property | ||
| > | any cash or money in exchange for them. Points are awarded to you on a promotion | > | of Microsoft, and do not constitute your personal property; they have no cash va | ||
| > | al basis only. You cannot purchase Points. Microsoft may limit the quantity of P | > | lue, and you may not obtain any cash or money in exchange for them. Points are a | ||
| > | oints or Rewards that can be earned or redeemed per person, per household, or ov | > | warded to you on a promotional basis only. You cannot purchase Points. Microsoft | ||
| > | er a set period (e.g., a day) provided that you are not disadvantaged in breach | > | may limit the quantity of Points or Rewards that can be earned or redeemed per | ||
| > | of good faith; please refer to the FAQ for currently applicable limitations. Unl | > | person, per household, or over a set period (e.g., a day) provided that you are | ||
| > | ess an Offer or Redemption Option explicitly states otherwise, Points earned in | > | not disadvantaged in breach of good faith; please refer to the FAQ for currently | ||
| > | the Program are not valid in, and may not be used in combination with, any other | > | applicable limitations. Unless an Offer or Redemption Option explicitly states | ||
| > | program offered by Microsoft or third parties. **Unredeemed Points associated w | > | otherwise, Points earned in the Program are not valid in, and may not be used in | ||
| > | ith your Rewards Account expire if you do not earn or redeem any Points in your | > | combination with, any other program offered by Microsoft or third parties. **Un | ||
| > | Rewards Account for 12 consecutive months.**viii. **Redemptions.** Redemption Op | > | redeemed Points associated with your Rewards Account expire if you do not earn o | ||
| > | tions will be made available to you on the Redemption Page and on certain other | > | r redeem any Points in your Rewards Account for 12 consecutive months.**viii. ** | ||
| > | Microsoft sites and pages. You must earn and have available in your Rewards Acco | > | Redemptions.** Redemption Options will be made available to you on the Redemptio | ||
| > | unt all of the Points required for a Redemption Option before you can redeem you | > | n Page and on certain other Microsoft sites and pages. You must earn and have av | ||
| > | r Points for that Redemption Option. There may be a limited number of a particul | > | ailable in your Rewards Account all of the Points required for a Redemption Opti | ||
| > | ar Reward available, and those Rewards will be delivered on a first-come, first- | > | on before you can redeem your Points for that Redemption Option. There may be a | ||
| > | served basis. You may be required to provide additional information, like your m | > | limited number of a particular Reward available, and those Rewards will be deliv | ||
| > | ailing address and a telephone number (other than a VOIP or toll-free number), a | > | ered on a first-come, first-served basis. You may be required to provide additio | ||
| > | nd you may also be asked to enter a fraud-prevention code or sign additional leg | > | nal information, like your mailing address and a telephone number (other than a | ||
| > | al documents to redeem Points for certain Redemption Options. Once you redeem yo | > | VOIP or toll-free number), and you may also be asked to enter a fraud-prevention | ||
| > | ur Points, you cannot cancel or return the Redemption Option for a refund of Poi | > | code or sign additional legal documents to redeem Points for certain Redemption | ||
| > | nts except in the case of defective products or as required by applicable law. I | > | Options. Once you redeem your Points, you cannot cancel or return the Redemptio | ||
| > | f you select a Redemption Option that is out of stock or unavailable for other r | > | n Option for a refund of Points except in the case of defective products or as r | ||
| > | easons, we may substitute a Redemption Option of comparable value or refund your | > | equired by applicable law. If you select a Redemption Option that is out of stoc | ||
| > | points at our sole discretion.ix. Microsoft may update or discontinue offering | > | k or unavailable for other reasons, we may substitute a Redemption Option of com | ||
| > | specific Redemption Options at any time for any reason. Some Redemption Options | > | parable value or refund your points at our sole discretion.ix. Microsoft may upd | ||
| > | may have age or Region eligibility requirements, or other terms or conditions on | > | ate or discontinue offering specific Redemption Options at any time for any reas | ||
| > | their redemption or use. Any such requirements or conditions will be included i | > | on. Some Redemption Options may have age or Region eligibility requirements, or | ||
| > | n the relevant redemption offer. You are responsible for all federal, state, and | > | other terms or conditions on their redemption or use. Any such requirements or c | ||
| > | local taxes and any other costs of accepting and using the Redemption Option. R | > | onditions will be included in the relevant redemption offer. You are responsible | ||
| > | ewards will be emailed to the email address associated with your Microsoft accou | > | for all federal, state, and local taxes and any other costs of accepting and us | ||
| > | nt, so keep your email address up to date. Rewards that are undeliverable will n | > | ing the Redemption Option. Rewards will be emailed to the email address associat | ||
| > | ot be reissued and are therefore forfeited. Rewards may not be resold. You may r | > | ed with your Microsoft account, so keep your email address up to date. Rewards t | ||
| > | edeem no more than 550,000 Points per calendar year in the Rewards Program.x. ** | > | hat are undeliverable will not be reissued and are therefore forfeited. Rewards | ||
| > | Cancelling Your Rewards Account.** If you no longer wish to participate in the R | > | may not be resold. You may redeem (i) no more than 550,000 Rewards Program Point | ||
| > | ewards Program, follow the instructions on the opt out page (https://rewards.mic | > | s per calendar year for Redemption Options for products and services of Microsof | ||
| > | rosoft.com/optout) to cancel your Rewards Account. If you cancel your Rewards Ac | > | t’s authorized third parties, and (ii) 1,550,000 Rewards Program Points per cale | ||
| > | count, you will immediately forfeit all of your earned Points and will lose your | > | ndar year for Redemption Options for Microsoft’s own products and services, or s | ||
| > | ability to earn new Points in the future. To begin earning Points again, you mu | > | uch higher annual limits for (i) or (ii) as Microsoft may permit in its sole dis | ||
| > | st open a new Rewards Account (but Microsoft will not reinstate any previously f | > | cretion.x. **Cancelling Your Rewards Account.** If you no longer wish to partici | ||
| > | orfeited Points). **Your Rewards Account may be cancelled (and your Points forfe | > | pate in the Rewards Program, follow the instructions on the opt out page (https: | ||
| > | ited) if you do not log in to your Microsoft account for 12 consecutive months.* | > | //rewards.microsoft.com/optout) to cancel your Rewards Account. If you cancel yo | ||
| > | *xi. **Program Changes or Discontinuation.** Microsoft reserves the right to cha | > | ur Rewards Account, you will immediately forfeit all of your earned Points and w | ||
| > | nge, modify, discontinue, or cancel the Rewards Program or any part thereof at a | > | ill lose your ability to earn new Points in the future. To begin earning Points | ||
| > | ny time, in its sole discretion, and without prior notice. However, if the Rewar | > | again, you must open a new Rewards Account (but Microsoft will not reinstate any | ||
| > | ds Program is cancelled or discontinued, we will make reasonable efforts to noti | > | previously forfeited Points). **Your Rewards Account may be cancelled (and your | ||
| > | fy you by email and on the Rewards Dashboard and to provide you with at least 90 | > | Points forfeited) if you do not log in to your Microsoft account for 12 consecu | ||
| > | days to redeem your accrued Points, unless we determine that such cancellation | > | tive months.**xi. **Program Changes or Discontinuation.** Microsoft reserves the | ||
| > | must take effect immediately for legal or security reasons.xii. **Other Terms.** | > | right to change, modify, discontinue, or cancel the Rewards Program or any part | ||
| > | Microsoft reserves the right to immediately cancel your Rewards Account, disqua | > | thereof at any time, in its sole discretion, and without prior notice. However, | ||
| > | lify you from future participation in the Rewards Program, forfeit all of your e | > | if the Rewards Program is cancelled or discontinued, we will make reasonable ef | ||
| > | arned Points, and cancel or suspend any Redemption Option you have obtained thro | > | forts to notify you by email and on the Rewards Dashboard and to provide you wit | ||
| > | ugh the Rewards Program if Microsoft believes you have tampered with, abused, or | > | h at least 90 days to redeem your accrued Points, unless we determine that such | ||
| > | defrauded any aspect of the Rewards Program or breached these terms. Microsoft | > | cancellation must take effect immediately for legal or security reasons.xii. **O | ||
| > | further reserves the right to cancel or suspend any Redemption Option you have o | > | ther Terms.** Microsoft reserves the right to immediately cancel your Rewards Ac | ||
| > | btained or attempted to obtain through the Rewards Program if Microsoft determin | > | count, disqualify you from future participation in the Rewards Program, forfeit | ||
| > | es you are ineligible to receive that Redemption Option for legal reasons (such | > | all of your earned Points, and cancel or suspend any Redemption Option you have | ||
| > | as export laws). While Microsoft makes every effort to ensure accuracy, errors o | > | obtained through the Rewards Program if Microsoft believes you have tampered wit | ||
| > | ccasionally occur. Microsoft therefore reserves the right to correct such errors | > | h, abused, or defrauded any aspect of the Rewards Program or breached these term | ||
| > | at any time, even if it affects current Offers or your pending, earned, or rede | > | s. Microsoft further reserves the right to cancel or suspend any Redemption Opti | ||
| > | emed Points or Rewards. In the event of any inconsistency or discrepancy between | > | on you have obtained or attempted to obtain through the Rewards Program if Micro | ||
| > | these Rewards Program terms or other statements contained in any related materi | > | soft determines you are ineligible to receive that Redemption Option for legal r | ||
| > | als or advertising, these terms prevail, govern, and control. | > | easons (such as export laws). While Microsoft makes every effort to ensure accur | ||
| > | acy, errors occasionally occur. Microsoft therefore reserves the right to correc | ||||
| > | t such errors at any time, even if it affects current Offers or your pending, ea | ||||
| > | rned, or redeemed Points or Rewards. In the event of any inconsistency or discre | ||||
| > | pancy between these Rewards Program terms or other statements contained in any r | ||||
| > | elated materials or advertising, these terms prevail, govern, and control. | ||||
| 312 | 300 | ||||
| 313 | ## Azure | 301 | ## Azure | ||
| 314 | 302 | ||||
| 326 | 314 | ||||
| 327 | - q. **Dynamics 365.** Your use of the Dynamics 365 service is governed by the t | 315 | - q. **Dynamics 365.** Your use of the Dynamics 365 service is governed by the t | ||
| > | erms and conditions of the separate agreement under which you obtained the servi | > | erms and conditions of the separate agreement under which you obtained the servi | ||
| > | ces, as detailed on the Dynamics 365 Legal Information page at Microsoft Dynamic | > | ces, as detailed on the Dynamics 365 Legal Information page at Microsoft Dynamic | ||
| > | s 365 (https://www.microsoft.com/en-us/dynamics-365/business-applications/legal) | > | s 365 (https://www.microsoft.com/en-us/dynamics-365/business-applications/legal) | ||
| > | . | > | . | ||
| 328 | 316 | ||||
| n | 329 | ## Copilot AI Experiences | n | 317 | ## Copilot |
| 330 | 318 | ||||
| n | 331 | - r. **Copilot AI Experiences.** Your use of Copilot AI Experiences (except Copi | n | 319 | - r. **Copilot.** Your use of Copilot is governed by the supplemental terms and |
| > | lot with commercial data protection) is governed by the supplemental terms and c | > | conditions under which you obtained those services, as detailed at Copilot - Ter | ||
| > | onditions under which you obtained those services as detailed at Copilot - Terms | > | ms of Use (https://www.microsoft.com/en-us/microsoft-copilot/for-individuals/ter | ||
| > | of Use (bing.com) (https://www.bing.com/new/termsofuse#content-policy) together | > | msofuse), together with these Terms. | ||
| > | with these Terms. If you are a Microsoft Copilot with commercial data protectio | ||||
| > | n user, please visit this page to review the terms of use that apply to you, tog | ||||
| > | ether with these Terms: https://aka.ms/BCETermsOfUse. | ||||
| 332 | 320 | ||||
| 333 | ## AI Services | 321 | ## AI Services | ||
| 334 | 322 | ||||
| 340 | 328 | ||||
| 341 | ## Binding Arbitration and Class Action Waiver | 329 | ## Binding Arbitration and Class Action Waiver | ||
| 342 | 330 | ||||
| n | 343 | 15. **Binding Arbitration and Class Action Waiver If You Live In (or, If a Busin | n | 331 | 15. **Binding Arbitration and Class Action Waiver If You Live In (or, If a Busin |
| > | ess, Your Principal Place of Business Is In) the United States.** We hope we nev | > | ess, Your Principal Place of Business Is In) the United States.** We hope we nev | ||
| > | er have a dispute, but if we do, you and we agree to try for 60 days, upon recei | > | er have a dispute, but if we do, you and we agree to try for 60 days, upon recei | ||
| > | pt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agr | > | pt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agr | ||
| > | ee to **binding individual arbitration before the American Arbitration Associati | > | ee to **binding individual arbitration before JAMS under the Federal Arbitration | ||
| > | on ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in | > | Act ("FAA"), and not to sue in court in front of a judge or jury** . Instead, a | ||
| > | front of a judge or jury** . Instead, a neutral arbitrator will decide and the | > | neutral arbitrator will decide and the arbitrator’s decision will be final exce | ||
| > | arbitrator’s decision will be final except for a limited right of review under t | > | pt for a limited right of review under the FAA. **Class action lawsuits, class-w | ||
| > | he FAA. **Class action lawsuits, class-wide arbitrations, private attorney-gener | > | ide arbitrations, private attorney-general actions, requests for public injuncti | ||
| > | al actions, requests for public injunctions, and any other proceeding or request | > | ons, and any other proceeding or request for relief where someone acts in a repr | ||
| > | for relief where someone acts in a representative capacity aren’t allowed. Nor | > | esentative capacity aren’t allowed. Nor is combining individual proceedings with | ||
| > | is combining individual proceedings without the consent of all parties.** "We," | > | out the consent of all parties. The procedural and substantive provisions of the | ||
| > | "our," and "us" includes Microsoft and Microsoft’s affiliates. | > | FAA govern this Section 15, including its enforcement.** "We," "our," and "us" | ||
| > | includes Microsoft and Microsoft’s affiliates. | ||||
| 344 | 332 | ||||
| 345 | - a. **Disputes Covered—Everything Except IP.** The term "dispute" is as broad a | 333 | - a. **Disputes Covered—Everything Except IP.** The term "dispute" is as broad a | ||
| > | s it can be. It includes any claim or controversy between you and us concerning | > | s 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 | > | the Services, the software related to the Services, the Services’ or software’s | ||
| > | price, your Microsoft account, marketing, communications, your purchase transact | > | price, your Microsoft account, marketing, communications, your purchase transact | ||
| > | ion, billing, or these Terms, under any legal theory including contract, warrant | > | ion, billing, or these Terms, under any legal theory including contract, warrant | ||
| > | y, tort, statute, or regulation, **except disputes relating to the enforcement o | > | y, tort, statute, or regulation, **except disputes relating to the enforcement o | ||
| > | r validity of your, your licensors’, our, or our licensors’ intellectual propert | > | r validity of your, your licensors’, our, or our licensors’ intellectual propert | ||
| > | y rights**. | > | y rights**. | ||
| n | 346 | - b. **Send a Notice of Dispute Before Arbitration.** If you have a dispute that | n | 334 | - b. **Send a Notice of Dispute Before Arbitration.** If you have a dispute that |
| > | our customer service representatives can’t resolve and you wish to pursue arbit | > | our customer service representatives can’t resolve and you wish to pursue arbit | ||
| > | ration, you must first send an individualized Notice of Dispute to **Microsoft C | > | ration, you must first send an individualized Notice of Dispute to **Microsoft C | ||
| > | orporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U | > | orporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U | ||
| > | .S.A., or submit the form electronically.** The Notice of Dispute form is availa | > | .S.A., or submit the form electronically.** The Notice of Dispute form is availa | ||
| > | ble at https://go.microsoft.com/fwlink/?LinkId=245499. Complete that form in ful | > | ble at https://go.microsoft.com/fwlink/?LinkId=245499. Complete that form in ful | ||
| > | l, with all the information it requires. We’ll do the same if we have a dispute | > | l, 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 | > | with you. This Notice of Dispute is a prerequisite to initiating any arbitration | ||
| > | . Any applicable statute of limitations will be tolled from the date of a proper | > | . Any applicable statute of limitations will be tolled from the date of an indiv | ||
| > | ly submitted individualized Notice of Dispute through the first date on which an | > | idualized Notice of Dispute through the first date on which an arbitration may p | ||
| > | arbitration may properly be filed under this section 15. | > | roperly be filed under this section 15. | ||
| 347 | - c. **Small Claims Court Option.** Instead of sending a Notice of Dispute, eith | 335 | - c. **Small Claims Court Option.** Instead of sending a Notice of Dispute, eith | ||
| > | er you or we may sue the other party in small claims court seeking only individu | > | er you or we may sue the other party in small claims court seeking only individu | ||
| > | alized relief, so long as the action meets the small claims court’s requirements | > | alized relief, so long as the action meets the small claims court’s requirements | ||
| > | and remains an individual action seeking individualized relief. The small claim | > | and remains an individual action seeking individualized relief. The small claim | ||
| > | s court must be in your county of residence (or, if a business, your principal p | > | s court must be in your county of residence (or, if a business, your principal p | ||
| > | lace of business). | > | lace of business). | ||
| t | 348 | - d. **Arbitration Procedure.** The AAA will conduct any arbitration under its C | t | 336 | - d. **Arbitration Procedure.** JAMS will conduct any arbitration under its Comp |
| > | ommercial Arbitration Rules (or if you are an individual and use the Services fo | > | rehensive Arbitration Rules & Procedures. If you are an individual and use the S | ||
| > | r personal or household use, or if the value of the dispute is less than $75,000 | > | ervices for personal or household use, or if the value of the dispute is less th | ||
| > | whether or not you are an individual or how you use the Services, its Consumer | > | an $75,000 whether or not you are an individual or how you use the Services, JAM | ||
| > | Arbitration Rules). The AAA’s Mass Arbitration Supplementary Rules, as modified | > | S will conduct any arbitration under its Streamlined Arbitration Rules & Procedu | ||
| > | by this section 15, will apply in Related Cases (discussed below). For more info | > | res. JAMS Mass Arbitration Procedures and Guidelines, as modified by this sectio | ||
| > | rmation, see www.adr.org. **Section 15 and these Terms govern to the extent they | > | n 15, will apply in Related Cases (discussed below). For more information on JAM | ||
| > | conflict with any applicable AAA rules.** To initiate an arbitration, submit th | > | S rules, see https://www.jamsadr.com. **Section 15 and these Terms govern to the | ||
| > | e Demand for Arbitration form available at https://go.microsoft.com/fwlink/?Link | > | extent they conflict with any applicable JAMS rules.** To initiate an arbitrati | ||
| > | Id=245497 to the AAA and mail a copy to us. The form must contain information th | > | on, submit the Demand for Arbitration form available at https://go.microsoft.com | ||
| > | at is specific to you and your claim. In a dispute involving $25,000 or less, an | > | /fwlink/?LinkId=245497 to JAMS and mail a copy to us. The form must contain info | ||
| > | y hearing will be telephonic or by videoconference unless the arbitrator finds g | > | rmation that is specific to you and your claim. In a dispute involving $25,000 o | ||
| > | ood cause to hold an in-person hearing instead. Any in-person hearing will take | > | r less, any hearing will be telephonic or by videoconference unless the arbitrat | ||
| > | place in your county of residence (or, if a business, your principal place of bu | > | or finds good cause to hold an in-person hearing instead. Any in-person hearing | ||
| > | siness). The arbitrator may award the same damages to you individually as a cour | > | will take place in your county of residence (or, if a business, your principal p | ||
| > | t could. **The arbitrator may award declaratory or injunctive relief only to you | > | lace of business). The arbitrator may award the same damages to you individually | ||
| > | individually to satisfy your individual claim, but not relief that would affect | > | as a court could. **The arbitrator may award declaratory or injunctive relief o | ||
| > | non-parties.**The arbitrator rules on all issues except that a court has exclus | > | nly to you individually to satisfy your individual claim, but not relief that wo | ||
| > | ive authority: (i) to decide arbitrability, as well as formation, existence, sco | > | uld affect non-parties.**The arbitrator rules on all issues except that a court | ||
| > | pe, validity, and enforceability of this arbitration agreement; (ii) to decide w | > | has exclusive authority: (i) to decide arbitrability, as well as formation, exis | ||
| > | hether the parties have complied with the pre-arbitration requirements (includin | > | tence, scope, validity, and enforceability of this arbitration agreement; (ii) t | ||
| > | g the individualized Notice of Dispute and Demand for Arbitration forms); (iii) | > | o decide whether the parties have complied with the pre-arbitration requirements | ||
| > | to enforce the prohibition on class, representative, private attorney-general, o | > | (including the individualized Notice of Dispute and Demand for Arbitration form | ||
| > | r combined actions or proceedings, or public injunctive relief; and (iv) to enjo | > | s); (iii) to enforce the prohibition on class, representative, private attorney- | ||
| > | in an arbitration from proceeding if it does not comply with this section 15. | > | general, or combined actions or proceedings, or public injunctive relief; and (i | ||
| > | v) to enjoin an arbitration from proceeding if it does not comply with this sect | ||||
| > | ion 15. | ||||
| 349 | If your Notice of Dispute involves claims similar to those of at least 24 other | 337 | 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 lawy | > | customers, and if you and those other customers are represented by the same lawy | ||
| > | ers, or by lawyers who are coordinating with each other, you and we agree that t | > | ers, or by lawyers who are coordinating with each other, you and we agree that t | ||
| > | hese claims will be “Related Cases.” You and we agree that the AAA’s Mass Arbitr | > | hese claims will be “Related Cases.” You and we agree that the JAMS Mass Arbitra | ||
| > | ation Supplementary Rules in effect when the Demand for Arbitration is filed, as | > | tion Procedures and Guidelines in effect when the Demand for Arbitration is file | ||
| > | modified by this section 15, will apply to Related Cases. Related Cases may onl | > | d, as modified by this section 15, will apply to Related Cases. Related Cases ma | ||
| > | y be filed in batches of up to 50 individual arbitrations at a time, and those i | > | y only be filed in batches of up to 50 individual arbitrations at a time, and th | ||
| > | ndividual arbitrations will be resolved in the following manner: (i) for the fir | > | ose individual arbitrations will be resolved in the following manner: (i) for th | ||
| > | st batch, each side may select up to 25 of these Related Cases to be filed and r | > | e first batch, each side may select up to 25 of these Related Cases to be filed | ||
| > | esolved in individual arbitrations under this section 15; (ii) none of the other | > | and resolved in individual arbitrations under this section 15; (ii) none of the | ||
| > | Related Cases may be filed or prosecuted in arbitration until the first batch o | > | other Related Cases may be filed or prosecuted in arbitration until the first ba | ||
| > | f up to 50 individual arbitrations is resolved; and (iii) if, after that first b | > | tch of up to 50 individual arbitrations is resolved; (iii) after the first batch | ||
| > | atch, the parties are unable to resolve the remaining Related Cases, a second ba | > | is completed, the parties must engage in a single mediation of all remaining Re | ||
| > | tch of Related Cases may be filed, where each side may select up to 25 of the Re | > | lated Cases, and we will pay the mediation fee; and (iv) if the mediation is uns | ||
| > | lated Cases to be resolved in individual arbitrations under this section 15. Thi | > | uccessful at resolving the remaining Related Cases, a second batch of Related Ca | ||
| > | s process of batched individual arbitrations will continue until the parties res | > | ses may be filed, where each side may select up to 25 of the Related Cases to be | ||
| > | olve all Related Cases informally or through individual arbitrations. A court ha | > | resolved in individual arbitrations under this section 15, followed by a second | ||
| > | s exclusive authority to enforce this paragraph, including whether it applies to | > | mediation in which the parties must participate and for which we will pay the m | ||
| > | a given set of claims, and to enjoin the filing or prosecution of arbitrations | > | ediation fee. This staged process will continue until the parties resolve all Re | ||
| > | that do not comply with this paragraph. | > | lated Cases informally, through mediation, or through individual arbitrations. A | ||
| > | court has exclusive authority to enforce this paragraph, including whether it a | ||||
| > | pplies to a given set of claims, and to enjoin the filing or prosecution of arbi | ||||
| > | trations that do not comply with this paragraph. | ||||
| 350 | - e. **Arbitration Fees and Payments.** The AAA rules will govern payment of fil | 338 | - e. **Arbitration Fees and Payments.** The JAMS rules will govern payment of fi | ||
| > | ing fees and the AAA’s arbitrator’s fees and expenses.In addition, if the disput | > | ling fees and the arbitrator’s fees and expenses.In addition, if the dispute is | ||
| > | e is not part of the Related Cases described above, the dispute involves less th | > | not part of the Related Cases described above, the dispute involves less than $7 | ||
| > | an $75,000, and before initiating arbitration you complied with all pre-arbitrat | > | 5,000, and before initiating arbitration you complied with all pre-arbitration r | ||
| > | ion requirements in this section 15, then (1) we will promptly reimburse your fi | > | equirements in this section 15, then (1) we will promptly reimburse your filing | ||
| > | ling fees and pay the AAA’s and arbitrator’s fees and expenses; and (2) if, at t | > | fees and pay JAMS’s and the arbitrator’s fees and expenses; and (2) if, at the c | ||
| > | he conclusion of the arbitration, the arbitrator awards you more than our last w | > | onclusion of the arbitration, the arbitrator awards you more than our last writt | ||
| > | ritten offer made before the arbitrator was appointed, we will: pay you (i) the | > | en offer made before the arbitrator was appointed, we will: pay you (i) the amou | ||
| > | amount of the award or $1,000 (whichever is more); and; (ii) for any reasonable | > | nt of the award or $1,000 (whichever is more); and (ii) for any reasonable attor | ||
| > | attorney’s fees you incurred; and any reasonable expenses (including expert witn | > | ney’s fees you incurred; and any reasonable expenses (including expert witness f | ||
| > | ess fees and costs) that your attorney accrued in connection with your individua | > | ees and costs) that your attorney accrued in connection with your individual arb | ||
| > | l arbitration. | > | itration. | ||
| 351 | - f. **Rejecting Future Arbitration Changes.** You may reject any change we make | 339 | - f. **Rejecting Future Arbitration Changes.** You may reject any change we make | ||
| > | to section 15 (except address changes) by personally signing and sending us not | > | to section 15 (except address changes) by personally signing and sending us not | ||
| > | ice within 30 days of the change by U.S. Mail to the address in section 15.b. If | > | ice 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 wi | > | you do, the most recent version of section 15 before the change you rejected wi | ||
| > | ll apply. | > | ll apply. | ||
| 352 | - g. **Severability.** If, after exhaustion of all appeals, a court finds any pa | 340 | - g. **Severability.** If, after exhaustion of all appeals, a court finds any pa | ||
| > | rt of this section 15 unenforceable as to any claim or request for a remedy, the | > | rt of this section 15 unenforceable as to any claim or request for a remedy, the | ||
| > | n the parties agree to arbitrate all claims and remedies subject to arbitration | > | n 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 f | > | before litigating in court any remaining claims or remedies (such as a request f | ||
| > | or a public injunction remedy, in which case the arbitrator issues an award on l | > | or a public injunction remedy, in which case the arbitrator issues an award on l | ||
| > | iability and individual relief before a court considers that request). Otherwise | > | iability and individual relief before a court considers that request). Otherwise | ||
| > | , if any other part of section 15 is found to be unenforceable, the remainder wi | > | , if any other part of section 15 is found to be unenforceable, the remainder wi | ||
| > | ll remain in effect (with an arbitration award issued before any court proceedin | > | ll remain in effect (with an arbitration award issued before any court proceedin | ||
| > | g begins). | > | g begins). | ||
| 353 | 341 | ||||