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Microsoft Store — owned by Microsoft Corporation — Service Agreement
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| 8 | Cart | 8 | Cart | ||
| 9 | 0 items in shopping cart Sign in | 9 | 0 items in shopping cart Sign in | ||
| 14 | 14 | ||||
| 15 | **United States and Canada Consumer Store** | 15 | **United States and Canada Consumer Store** | ||
| 16 | 16 | ||||
| n | 17 | Updated May 2026 | n | 17 | Updated June 2026 |
| 18 | 18 | ||||
| 19 | **If you are an individual living in the United States or if you are a business | 19 | **If you are an individual living in the United States or if you are a business | ||
| > | whose principal place of business is in the United States, please read the bindi | > | whose principal place of business is in the United States, please read the bindi | ||
| > | ng arbitration clause and class action waiver in Section 27. It affects how dis | > | ng arbitration clause and class action waiver in Section 27. It affects how dis | ||
| > | putes are resolved.** | > | putes are resolved.** | ||
| 20 | 20 | ||||
| 28 | 28 | ||||
| 29 | ## Terms Relating to Your Use of the Store | 29 | ## Terms Relating to Your Use of the Store | ||
| 30 | 30 | ||||
| n | n | 31 | - **Member Account**. You will ensure that all account information you provide t | ||
| > | o us is current, complete, and accurate. We may require you to accept a service | ||||
| > | agreement or separate terms of use as a condition of opening an account. Your us | ||||
| > | e of the account to access the Store and any content you acquire from the Store | ||||
| > | is subject to all terms that govern your Microsoft account that were presented t | ||||
| > | o you when you opened the account. For more information, please see the Microsof | ||||
| > | t Services Agreement (United States) and Microsoft Services Agreement (Canada). | ||||
| > | You are responsible for keeping your account information and password confidenti | ||||
| > | al and for all activity that occurs under your account. If you are purchasing Pr | ||||
| > | oducts using a work account, you must have an Entra ID and must agree to the Mic | ||||
| > | rosoft Customer Agreement. You can review your Microsoft Customer Agreement on y | ||||
| > | our Microsoft Admin Center. | ||||
| 32 | - No Unlawful or Prohibited Use. You will not use the Store for any purpose that | ||||
| > | is unlawful or prohibited by these Terms of Sale, the Store Policies, or any ot | ||||
| > | her terms that apply to your use of the Store. You may not use the Store in any | ||||
| > | manner that could damage, disable, overburden, or impair any Microsoft server, o | ||||
| > | r the network(s) connected to any Microsoft server, or interfere with any other | ||||
| > | party's use and enjoyment of the Store. You may not attempt to gain unauthorized | ||||
| > | access to the Store, other accounts, computer systems, or networks connected to | ||||
| > | any Microsoft server or to the Store, through hacking, password mining, or any | ||||
| > | other means. You may not obtain or attempt to obtain any materials or informatio | ||||
| > | n through any means not intentionally made available through the Store. You may | ||||
| > | not use the Store in a way that infringes rights of third parties, including wil | ||||
| > | lfully harming a person or entity, including Microsoft. You may not commercially | ||||
| > | distribute, publish, license, or sell any product, information, or Services obt | ||||
| > | ained through the Store. | ||||
| 33 | - **Materials You Provide to Microsoft or Post in the Store**. Microsoft does no | ||||
| > | t claim ownership of the content you provide to Microsoft or post, upload, input | ||||
| > | , or submit through the Store (such as feedback, ratings, reviews and suggestion | ||||
| > | s) or associated Microsoft services for review by others (each a "**Submission** | ||||
| > | " and collectively "**Submissions**"). However, you grant Microsoft a royalty-fr | ||||
| > | ee, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right to | ||||
| > | use, modify, adapt, reproduce, create derivative works from, translate, edit, p | ||||
| > | erform, distribute, and display your Submissions, including your name, in any me | ||||
| > | dia. If you publish a Submission in an area of the Store where it is available b | ||||
| > | roadly online without restrictions, your Submission may appear in demonstrations | ||||
| > | or materials that promote the Store and/or the Products, Services or content of | ||||
| > | fered through the Store. You warrant and represent that you have (and will have) | ||||
| > | all of the rights necessary to make any Submission you provide and to grant the | ||||
| > | se rights to Microsoft, on a worldwide basis and for the duration of these right | ||||
| > | s. | ||||
| 34 | Microsoft has no obligation to compensate you for use of your Submission. Micro | ||||
| > | soft is under no obligation to post or use any Submission and Microsoft may remo | ||||
| > | ve any Submission at any time and in its sole discretion. Microsoft takes no res | ||||
| > | ponsibility and assumes no liability for your Submissions or the content others | ||||
| > | post, upload, input, or submit using the Store. | ||||
| 35 | If you rate or review an application in the Store, you may receive an email from | ||||
| > | Microsoft that contains content from the publisher of the application. | ||||
| 36 | - **Links to Third-Party Websites**. The Store may include links to third-party | ||||
| > | websites that let you leave the Store. These linked sites are not under the cont | ||||
| > | rol of Microsoft and Microsoft is not responsible for the content of any linked | ||||
| > | site or any link contained in a linked site. Microsoft is providing these links | ||||
| > | only as a convenience, and the inclusion of any link does not imply endorsement | ||||
| > | by Microsoft of the site. Your use of the third-party website may be subject to | ||||
| > | that third party’s terms and conditions and/or privacy policies and you should r | ||||
| > | ead these carefully before agreeing to them. | ||||
| 37 | |||||
| 38 | Terms Relating to the Sale of Products to You | ||||
| 39 | - **Geographic Availability**. Available Products and Services may vary dependin | ||||
| > | g on your region or device. In addition, there may be limits on where we can shi | ||||
| > | p Products or provide Services or Digital Content. To complete your purchase, yo | ||||
| > | u may be required to have a valid billing and shipping address within the countr | ||||
| > | y or region of the Store where you are purchasing. | ||||
| 40 | You may not use technologies or techniques that obscure or misrepresent your geo | ||||
| > | graphic location (such as virtual private networks (VPNs), proxies, or similar t | ||||
| > | ools) when engaging in transactions or redemptions related to Products and Servi | ||||
| > | ces offered through the Store. If we determine that location masking technologie | ||||
| > | s are being used, we may decline, block, suspend, cancel, or reverse a transacti | ||||
| > | on, limit access to affected Products or Services, or take other appropriate act | ||||
| > | ion consistent with these Terms of Sale and applicable law. This section does no | ||||
| > | t apply to use of VPNs or similar technologies for purposes unrelated to purchas | ||||
| > | ing, redemption, or transactional activity through the Store. | ||||
| 41 | - **End Users Only**. Products and Services available through the Store are for | ||||
| > | purchase by consumers or commercial entities for use by end users only and are n | ||||
| > | ot available for purchase or use by resellers. Purchase of Products and Services | ||||
| > | by commercial entities are subject to the additional terms set forth in Section | ||||
| > | 34. | ||||
| 42 | - **Export Limitations**. Products and Services may be subject to customs and ex | ||||
| > | port control laws and regulations. You will comply with all applicable internati | ||||
| > | onal and national laws and regulations. | ||||
| 43 | - **Billing**. By providing Microsoft with a payment method, you: (i) represent | ||||
| > | that you are authorized to use the payment method that you provided and that any | ||||
| > | payment information you provide is true and accurate; (ii) authorize Microsoft | ||||
| > | to charge you for any Products or Services you purchase; and (iii) authorize Mic | ||||
| > | rosoft to charge you for any paid feature of the Store that you choose to sign u | ||||
| > | p for or use. You will promptly update your account whenever there is a change t | ||||
| > | o your account information, including your email address and credit card numbers | ||||
| > | and expiration dates, so that we can complete your transactions and contact you | ||||
| > | as needed in connection with your transactions. We may bill you (a) in advance; | ||||
| > | (b) at the time of purchase; (c) shortly after purchase; or (d) subject to appl | ||||
| > | icable law (which for consumers may include the Province of Quebec), on a recurr | ||||
| > | ing basis for subscriptions. Also, for Microsoft Subscription Services and Third | ||||
| > | -Party Subscription Services billed through Microsoft, we may charge you up to t | ||||
| > | he amount you have approved, and we will notify you in advance and in accordance | ||||
| > | with the terms of your subscription of any change in the amount to be charged f | ||||
| > | or recurring subscriptions. We may bill you at the same time for more than one o | ||||
| > | f your prior billing periods for amounts that haven't previously been processed. | ||||
| > | For more information about recurring billing for Microsoft Subscription Service | ||||
| > | s and Third-Party Subscription Services billed through Microsoft, see Section 9. | ||||
| 44 | - **Subscription-Based Products and Services; Recurring Billing; Automatic Renew | ||||
| > | al.** | ||||
| 45 | |||||
| 46 | Microsoft Subscription Services. If you acquired a Product or Service through Mi | ||||
| > | crosoft Store and it is listed as one of the Covered Services in the Microsoft S | ||||
| > | ervices Agreement for U.S. or Canada (“**Microsoft Subscription Service**”), the | ||||
| > | terms and conditions related to your subscription and recurring billing set for | ||||
| > | th in the Microsoft Services Agreement (United States) and Microsoft Services Ag | ||||
| > | reement (Canada) apply. To manage your Microsoft Subscription Service, go to Mic | ||||
| > | rosoft Subscription Service. To manage Microsoft Subscription Services for Xbox | ||||
| > | (such as Xbox Live Gold and Xbox Game Pass), go to Microsoft Subscription Servic | ||||
| > | es for Xbox. | ||||
| 47 | |||||
| 48 | Note that for purchases of subscription Products or Services through a work acco | ||||
| > | unt (United States only), the terms and conditions related to your subscription | ||||
| > | and recurring billing set forth in the Microsoft Customer Agreement apply. To ma | ||||
| > | nage subscriptions for such subscription Products and Services, go to the Micros | ||||
| > | oft Admin Center. | ||||
| 49 | |||||
| 50 | Third-Party Subscription Services Billed Through Microsoft. If you acquired any | ||||
| > | other Product or Service through Microsoft Store that is subscription-based and | ||||
| > | for which recurring billing is administered by Microsoft, the following terms an | ||||
| > | d conditions in this Section 9 of these Terms of Sale apply: Subject to applica | ||||
| > | ble law (which for consumers may include the Province of Quebec), when you make | ||||
| > | a purchase on a subscription basis (e.g., weekly, monthly, every 3 months, or a | ||||
| > | nnually (as applicable)), you acknowledge and agree that you are authorizing rec | ||||
| > | urring payment, and payments shall be made to Microsoft by the method you have c | ||||
| > | hosen at the recurring intervals chosen by you, until the subscription is termin | ||||
| > | ated by you or by Microsoft or otherwise in accordance with its terms. By author | ||||
| > | izing recurring payments, you authorize Microsoft to process such payments as ei | ||||
| > | ther electronic debits or fund transfers, or as electronic drafts from your desi | ||||
| > | gnated account (in the case of Automated Clearing House or similar payments), or | ||||
| > | as charges to your designated account (in the case of credit card or similar pa | ||||
| > | yments) (collectively, "**Electronic Payments**"). Subscription fees are general | ||||
| > | ly billed or charged in advance of the applicable subscription period. If any pa | ||||
| > | yment is returned unpaid or if any credit card or similar transaction is rejecte | ||||
| > | d or denied, Microsoft or its service providers reserve the right to collect any | ||||
| > | applicable return item, rejection or other fees as permitted by applicable law. | ||||
| 51 | |||||
| 52 | If you are taking part in any trial-period offer, you must cancel the service by | ||||
| > | the end of the trial period to avoid incurring new charges unless we notify you | ||||
| > | otherwise. Subject to applicable law (which for consumers may include the Provi | ||||
| > | nce of Quebec), if you do not cancel the service at the end of the trial period, | ||||
| > | you authorize us to charge your payment method for the Product or Service. | ||||
| 53 | |||||
| 54 | Provided that automatic renewals are allowed in your country, region, province/t | ||||
| > | erritory, or state, certain Products or Services will automatically renew at the | ||||
| > | end of a fixed service period. On the renewal date, we charge you the then-curr | ||||
| > | ent price for the renewal term, unless you choose to cancel the Product or Servi | ||||
| > | ce as described below. We will bill your chosen payment method for the renewal, | ||||
| > | whether it was on file on the renewal date or provided later. You may cancel the | ||||
| > | Product or Service prior to the renewal date to avoid being billed for the rene | ||||
| > | wal. If you cancel an automatic renewal Product after the renewal date, we will | ||||
| > | fulfill the Product or Service through the end of the renewal term, and you will | ||||
| > | not be automatically charged again for that Product or Service. For more inform | ||||
| > | ation about how to cancel a subscription billed through Microsoft, please go to | ||||
| > | Microsoft Subscription Service. We will notify you in advance and in accordance | ||||
| > | with the terms of your subscription of any change in the amount to be charged fo | ||||
| > | r recurring subscriptions. | ||||
| 55 | |||||
| 56 | Third-Party Subscription Services Not Billed Through Microsoft. If you acquired | ||||
| > | any Product or Service through the Microsoft Store or otherwise using your Micro | ||||
| > | soft Account that is subscription-based and for which recurring billing is not a | ||||
| > | dministered by Microsoft, please see the terms and conditions presented to you b | ||||
| > | y the applicable developer or provider that administers the recurring billing fo | ||||
| > | r that Product or Service. | ||||
| 57 | - **Product Availability and Quantity and Order Limits**. Product prices and ava | ||||
| > | ilability are subject to change at any time and without notice. Microsoft may pl | ||||
| > | ace a limit on the quantities that may be purchased per order, per account, per | ||||
| > | credit card, per person, per household, or per day. If the Products that you ord | ||||
| > | er are unavailable, we may contact you to offer you an alternative. If you do no | ||||
| > | t choose to purchase the alternative Product, we will cancel your order. | ||||
| 58 | Microsoft reserves the right to refuse, reject, cancel, terminate or not to proc | ||||
| > | ess any order (including accepted orders) at any time, refunding you any monies | ||||
| > | you have paid for the order, for reasons which include, but are not limited to, | ||||
| > | if you have not met the conditions specified at the time of the order, if your p | ||||
| > | ayment cannot be processed, if the ordered Products are not available, where the | ||||
| > | price or other material information on the Store is inaccurate or for other err | ||||
| > | ors. In the event of pricing or other errors, we may, in our discretion, either | ||||
| > | (a) cancel your order or purchase or (b) contact you for instructions. In the ev | ||||
| > | ent of cancellation, your access to any associated Digital Content will be disab | ||||
| > | led. | ||||
| 59 | We may disable access to Digital Content associated with your account for any re | ||||
| > | ason. We may also remove or disable Digital Content on your device in order to p | ||||
| > | rotect the Store or potentially affected parties. Some Digital Content may be un | ||||
| > | available from time to time or may be offered for a limited time. Availability c | ||||
| > | an be affected by region. Thus, if you change your account or device profile inf | ||||
| > | ormation to another region, you may not be able to re-download or re-stream Digi | ||||
| > | tal Content that you purchased; you may need to re-purchase Digital Content that | ||||
| > | you paid for in your previous region. Except to the extent required by applicab | ||||
| > | le law, we have no obligation to provide a re-download or replacement of any Dig | ||||
| > | ital Content you purchase. | ||||
| 60 | - **Updates**. If applicable, Microsoft will automatically check for and downloa | ||||
| > | d updates to your applications, even if you’re not signed into the Store. You ca | ||||
| > | n change your settings if you prefer to pause automatic updates to Store apps. H | ||||
| > | owever, certain Office Store apps that are entirely or partly hosted online may | ||||
| > | be updated at any time by the app developer and may not require your permission | ||||
| > | to update. Some other apps may not be accessible until you accept an update. If | ||||
| > | you choose not to download or install updates, your applications may no longer b | ||||
| > | e available, supported, or have previous functionality. | ||||
| 61 | - **Software Licenses and Use Rights**. Software and other Digital Content made | ||||
| > | available to you through the Store is licensed, not sold, to you. Applications d | ||||
| > | ownloaded directly from the Store are subject to the Standard Application Licens | ||||
| > | e Terms ("**SALT**") unless different license terms are provided with the applic | ||||
| > | ation. (Applications downloaded from the Office Store are not governed by the SA | ||||
| > | LT and have separate license terms.) | ||||
| 62 | **Digital Content obtained through the Store is subject to the **Usage Rules for | ||||
| > | Digital Goods.** You understand and acknowledge that your rights with respect t | ||||
| > | o Digital Content are limited by these Terms of Sale, copyright law and the Usag | ||||
| > | e Rules for Digital Goods.** Software licenses purchased through the Store are s | ||||
| > | ubject to the license agreement that accompanies the software, and you will be r | ||||
| > | equired to agree to the license agreement when you purchase, download, or instal | ||||
| > | l the software. Any reproduction or redistribution of Digital Content not in acc | ||||
| > | ordance with the relevant license terms, usage rules, and applicable law is expr | ||||
| > | essly prohibited and may result in severe civil and criminal penalties. Violator | ||||
| > | s risk prosecution to the maximum extent of the law. | ||||
| 63 | Please contact Microsoft Store support if you would like a copy of the applicabl | ||||
| > | e license agreement or warranty for boxed software, at no cost, before you open | ||||
| > | any software packaging. | ||||
| 64 | **Other Terms and Conditions**. In addition to software and other downloadable P | ||||
| > | roducts or Digital Content, Microsoft may offer to you other Products and Servic | ||||
| > | es available in the Store, subject to separate end user license agreements, term | ||||
| > | s of use, terms of service, or other terms and conditions. If you purchase, inst | ||||
| > | all, or use those Products or Services, you may be required to also accept those | ||||
| > | terms as a condition of purchase, installation, or use. | ||||
| 65 | **For your convenience, Microsoft may make available as part of the Store or in | ||||
| > | its software or Products, Services, tools, and utilities for use and/or download | ||||
| > | that are not part of the products sold. Except where prohibited by applicable l | ||||
| > | aw (which for consumers may include the province of Quebec), Microsoft disclaims | ||||
| > | all representations, warranties, conditions, and assurances with regard to the | ||||
| > | accuracy of the results or output from any such Services, tools, or utilities. | ||||
| 66 | **Please respect the intellectual property rights of others when using the tools | ||||
| > | and utilities made available through the Store, or in any Product. | ||||
| 67 | - **Codes for Software and Content Downloads**. Certain Digital Content is deliv | ||||
| > | ered to you through a download link available in your Microsoft account associat | ||||
| > | ed with your purchase. Subject to the paragraph below, we usually store the down | ||||
| > | load link and related digital key for these purchases in your Microsoft account | ||||
| > | for 3 years following the purchase date, but do not promise to store them for an | ||||
| > | y particular length of time. For subscription Products that are delivered throug | ||||
| > | h a download link, different terms and storage rights may apply, which you will | ||||
| > | be able to review and agree to at the time you purchase your subscription. | ||||
| 68 | We may cancel or modify our digital key storage program at any time. You also ag | ||||
| > | ree that we may stop supporting the storage of keys for one or more Products at | ||||
| > | any time and for any reason, including, by way of example, at the end of the Pro | ||||
| > | duct support life cycle, after which you will no longer have access to the downl | ||||
| > | oad link or digital key. If we cancel or modify our program such that you will n | ||||
| > | o longer have access to the download link or digital key(s) in your account, we | ||||
| > | will provide at least 90 days’ advance notice to you using the contact informati | ||||
| > | on for the related Microsoft account. | ||||
| 69 | - **Pricing** | ||||
| 70 | Certain physical Products may be eligible for price protection. For more informa | ||||
| > | tion about price protection terms and conditions, see Microsoft Store Price Matc | ||||
| > | h & Protection for Surface & Other Devices. Except as described in the previous | ||||
| > | two sentences, the Store does not have a price-match guarantee that provides for | ||||
| > | matching the advertised price other retailers offer for the same items. However | ||||
| > | , if we lower our price on a device Product within 30 days of your purchase, we | ||||
| > | will honor the lower price. If you notice that we have lowered a price on a devi | ||||
| > | ce you recently purchased, please contact Sales and Support and we’ll gladly iss | ||||
| > | ue a refund or credit for the difference (if you paid with a credit card, you’ll | ||||
| > | need to use the same card). You must contact Microsoft within 30 days of the pr | ||||
| > | ice change to receive the refund or credit. Price reductions/adjustments are not | ||||
| > | available for clearance items and limited-time price reductions associated with | ||||
| > | promotions and/or special sale events including Thanksgiving Day, Black Friday, | ||||
| > | Cyber Monday, or Cyber Week. | ||||
| 71 | We may offer an option to pre-order some Products before their availability date | ||||
| > | . To learn more about our pre-order policies, please see our Pre-Orders page. | ||||
| 72 | Unless stated otherwise, prices shown in the Store exclude taxes or charges ("** | ||||
| > | Taxes**") that may apply to your purchase. Prices shown in the Store also exclud | ||||
| > | e delivery costs. Taxes and delivery costs (as applicable) will be added to the | ||||
| > | amount of your purchase and shown on the check-out page. You are solely responsi | ||||
| > | ble for paying such Taxes and costs. | ||||
| 73 | Depending on your location, some transactions might require foreign currency con | ||||
| > | version or be processed in another country. Your bank might charge you additiona | ||||
| > | l fees for conversion or processing services when you use a credit or debit card | ||||
| > | . Please contact your bank for details. | ||||
| 74 | - **Return Policy. | ||||
| 75 | **Eligible Products. Certain physical Products may be eligible for an extended r | ||||
| > | eturn policy. For more information about extended return terms and conditions, s | ||||
| > | ee Microsoft Store Refund & Return Policy (Surface, Xbox, etc.). Except as descr | ||||
| > | ibed in the previous two sentences, we will accept returns and exchanges for eli | ||||
| > | gible Products for 30 days from the date of purchase or download, as applicable. | ||||
| > | Any Product you purchase or download that is not listed below as ineligible, or | ||||
| > | subject to separate return policies or terms, will be considered an eligible Pr | ||||
| > | oduct for purposes of this Section 15. Simply return the eligible Product in lik | ||||
| > | e new condition and in its original packaging, along with all parts, components, | ||||
| > | instruction manuals, and documentation that were initially included. This Retur | ||||
| > | n Policy does not affect any statutory rights that may apply to your purchase. | ||||
| 76 | Packaged software and packaged games must be returned with their seal intact and | ||||
| > | must include all media and product keys. As a limited exception, software and g | ||||
| > | ame packages that have been opened may be returned during the return period if y | ||||
| > | ou are unsatisfied with the license agreement or warranty, but only if you do no | ||||
| > | t make or retain any copies. | ||||
| 77 | Even if you return a Product, including packaged software or packaged games, the | ||||
| > | se Terms of Sale will still apply to the time between your purchase or download, | ||||
| > | as applicable, and return. | ||||
| 78 | When you make a qualifying return, we will credit the full amount you paid, less | ||||
| > | the original shipping and handling charges (if any) except we won’t deduct thos | ||||
| > | e charges for returns because you are unsatisfied with the license agreement or | ||||
| > | warranty, and you will typically receive your refund in approximately 3-5 busine | ||||
| > | ss days. Any refunds will be applied to the same account, and using the same met | ||||
| > | hod of payment, used to place the order (unless you choose a Store credit in the | ||||
| > | amount of the refund). | ||||
| 79 | For complete details on how to return eligible Products, see our Returns and Ref | ||||
| > | unds page. For returns of Products purchased through a work account, please see | ||||
| > | the Refunds and Exchanges page. | ||||
| 80 | Ineligible Products. Some Products are not eligible for return or refund; unless | ||||
| > | otherwise provided by law or by a particular offer, all purchases of these type | ||||
| > | s of Products are final and non-refundable. Products ineligible for return and r | ||||
| > | efund include, but are not limited to, the following: | ||||
| 81 | Digital apps, games, in-app content, in-app subscriptions, movies, TV shows, and | ||||
| > | associated content **except **Digital Game Products and Microsoft Subscription | ||||
| > | Services (which are subject to the return policies below); | ||||
| 82 | Third-Party subscription services billed through Microsoft (which are subject to | ||||
| > | the return policy below); | ||||
| 83 | gift cards and service/subscription cards (e.g., Skype, Xbox Live); | ||||
| 84 | products that have been personalized or customized; | ||||
| 85 | special order products, if not part of a Store promotional offering; | ||||
| 86 | random access memory ("RAM") products; | ||||
| 87 | services that have been performed or consumed; and | ||||
| 88 | clearance items or those marked with a designation such as "Final Sale" or "Non- | ||||
| > | Returnable". | ||||
| 89 | Request a Refund on Digital Games. For information on how to request a refund fo | ||||
| > | r digital games, Xbox apps (excluding movies and tv apps), digital gaming bundle | ||||
| > | offers, and digital durable and consumable games, such as games season passes, | ||||
| > | virtual currency, and microtransactions, whether made available through the Xbox | ||||
| > | console device or on your PC (collectively “**Digital Game Products**”), see ou | ||||
| > | r Request a Refund page. | ||||
| 90 | Microsoft Subscription Services Refund Policy. For complete details on refunds f | ||||
| > | or Microsoft Subscription Services, see Section 9. | ||||
| 91 | Third-Party Subscriptions Billed Through Microsoft. Unless otherwise provided by | ||||
| > | law or by a particular Service offer, all purchases are final and non-refundabl | ||||
| > | e. For more information about third party subscriptions, please go to the return | ||||
| > | policies page. | ||||
| 92 | - **Payments to You**. If we owe you a payment, you will timely and accurately p | ||||
| > | rovide us with any information we need to get that payment to you. You are respo | ||||
| > | nsible for any taxes and charges you may incur as a result of this payment to yo | ||||
| > | u. To the extent permitted by applicable law, you must also comply with any othe | ||||
| > | r conditions we place on your right to any payment. If you receive a payment in | ||||
| > | error, we may reverse or require return of the payment. You will cooperate with | ||||
| > | us in our efforts to do this. We may also reduce a payment to you without notice | ||||
| > | to adjust for any previous overpayment. | ||||
| 93 | - **Gift Cards and Skype Credit Vouchers** | ||||
| 94 | Redemption and use of other Microsoft gift cards are governed by the Microsoft G | ||||
| > | ift Card Terms and Conditions | ||||
| 95 | Information on how to redeem Skype credit vouchers is available on Skype’s Suppo | ||||
| > | rt page under ‘How do I redeem my Skype voucher’ here: How do I use Skype vouche | ||||
| > | rs and prepaid cards? | Skype Support. | ||||
| 96 | - **Customer Service**. Please visit our Microsoft Store Support page for more i | ||||
| > | nformation about customer service options: Contact Microsoft Store Support. | ||||
| 97 | |||||
| 98 | General Terms | ||||
| 99 | - **Changing Terms**. Microsoft may change the Terms of Sale at any time and wit | ||||
| > | hout notice to you. The Terms of Sale in force at the time you place your order | ||||
| > | will govern your purchase and serve as the purchase contract between us. Before | ||||
| > | your next purchase, Microsoft may have changed the Terms of Sale without notice | ||||
| > | to you. Please review the Terms of Sale each time you visit the Store. We recomm | ||||
| > | end that you save or print a copy of the Terms of Sale for future reference when | ||||
| > | you purchase a Product. | ||||
| 100 | - **Age Limitations**. You acknowledge that you are authorized to place an order | ||||
| > | and to perform any other legal acts required of you under these Terms of Sale. | ||||
| > | Age limits may apply to your use of the Store, including purchases. | ||||
| 101 | - **Privacy and Protection of Personal Information.** Your privacy is important | ||||
| > | to us. We use certain information that we collect from you to operate and provid | ||||
| > | e the Store. Please read the Microsoft Privacy Statement as it describes the typ | ||||
| > | es of data we collect from you and your devices ("**Data**") and how we use your | ||||
| > | Data. The Privacy Statement also describes how Microsoft uses your communicatio | ||||
| > | ns with others; postings or feedback submitted by you to Microsoft via the Store | ||||
| > | ; and the files, photos, documents, audio, digital works, and videos that you up | ||||
| > | load, store, or share on your devices or through the Store ("**Your Content**"). | ||||
| > | By using the Store, you expressly consent to Microsoft’s collection, use and di | ||||
| > | sclosure of Your Content and Data as described in the Privacy Statement. | ||||
| 102 | - **Product Display and Colors**. Microsoft attempts to display product colors a | ||||
| > | nd images accurately but we cannot guarantee that the color you see on your devi | ||||
| > | ce screen or monitor will exactly match a Product’s color. | ||||
| 103 | - **Errors in Store Presentation**. We work hard to publish information accurate | ||||
| > | ly, update the Store regularly, and correct errors when discovered. However, any | ||||
| > | of the content in the Store may be incorrect or out of date at any given time. | ||||
| > | We reserve the right to make changes to the Store at any time, including to prod | ||||
| > | uct prices, specifications, offers and availability. | ||||
| 104 | - **Termination of Use or Access**. Microsoft may terminate your account or use | ||||
| > | of the Store at any time for any reason, including, without limitation, if you a | ||||
| > | re in breach of these Terms of Sale or the Store Policies, or if the Store is no | ||||
| > | longer operated by Microsoft. By using the Store, you agree to be responsible ( | ||||
| > | in accordance with these terms) for any orders you make or charges you incur pri | ||||
| > | or to such termination. Microsoft may change, discontinue, or otherwise suspend | ||||
| > | the Store at any time, for any reason, and without prior notice to you. | ||||
| 105 | - **Warranties and Limitation of Remedies**. Except where prohibited by your app | ||||
| > | licable local law (which for consumers may include the province of Quebec), Micr | ||||
| > | osoft and its suppliers, distributors, resellers, and content providers disclaim | ||||
| > | all express and implied warranties, guarantees, and conditions, including for m | ||||
| > | erchantability, satisfactory quality, fitness for a particular purpose, workmanl | ||||
| > | ike effort, title, or non-infringement. Products or Services sold or available t | ||||
| > | hrough the Store are warranted, if at all, only under any license agreements or | ||||
| > | manufacturer’s warranties that accompany them. Except as provided under an accom | ||||
| > | panying license agreement or manufacturer’s warranty: | ||||
| 106 | Your purchase and use are at your own risk; | ||||
| 107 | **We provide Products and Services "as is," "with all faults," and "as available | ||||
| > | "; | ||||
| 108 | **You assume the entire risk as to their quality and performance; and | ||||
| 109 | **Should they prove defective, you assume the entire cost of all necessary servi | ||||
| > | cing or repair. | ||||
| 110 | **Microsoft doesn't guarantee the accuracy or timeliness of information availabl | ||||
| > | e from the Store or Services. You acknowledge that computer and telecommunicatio | ||||
| > | ns systems are not fault-free and occasional downtime occurs. We do not warrant | ||||
| > | that access to the Store or Services will be uninterrupted, timely, secure, or e | ||||
| > | rror-free, or that content loss won’t occur. | ||||
| 111 | If, despite these Terms of Sale, you have any basis for recovering damages arisi | ||||
| > | ng out of or relating to the Store (including the Services), or any Product offe | ||||
| > | red, your exclusive remedy is to recover from Microsoft or its suppliers, resell | ||||
| > | ers, distributors, and content providers direct total damages up to (1) the pric | ||||
| > | e or fee for one month of any Service, subscription, or similar fee (not includi | ||||
| > | ng the purchase price for hardware, software, support, or extended warranties), | ||||
| > | or (2) if you live in (or are a business with your principal place of business i | ||||
| > | n) the United States, US $100.00 if there was no Service, subscription, or simil | ||||
| > | ar fee, or (3) if you live in (or are a business with your principal place of bu | ||||
| > | siness in) Canada, CDN $100 if there was no Service, subscription, or similar fe | ||||
| > | e. | ||||
| 112 | You may have certain rights under your local law. Nothing in this contract is in | ||||
| > | tended to affect those rights, if they apply. | ||||
| 113 | - **Limitation of Liability. You agree that you can't recover any other damages | ||||
| > | or losses, including consequential, special, indirect, incidental, or punitive d | ||||
| > | amages, or lost profits. The limitations and exclusions in Sections 25 and 26 ap | ||||
| > | ply even if you incur damages and even if we knew or should have known about the | ||||
| > | possibility of the damages. Some states or provinces/territories (which for con | ||||
| > | sumers may include the province of Quebec) do not allow the exclusion or limitat | ||||
| > | ion of incidental or consequential damages, so the above limitation or exclusion | ||||
| > | may not apply to you. | ||||
| 114 | **To the maximum extent permitted by law, these limitations and exclusions apply | ||||
| > | to all claims, under any legal theory, related to the Store (including the Serv | ||||
| > | ices), these Terms of Sale, or any Product offered, including loss of content, a | ||||
| > | ny virus or malware affecting your use of the Store or any Product or Service av | ||||
| > | ailable through the Store; and delays or failures in starting or completing tran | ||||
| > | smissions or transactions. | ||||
| 115 | - **Binding Arbitration and Class Action Waiver If You Live In (or, If a Busines | ||||
| > | s, Your Principal Place of Business Is In) the United States**. We hope we never | ||||
| > | have a dispute, but if we do, you and we agree to try for 60 days, upon receipt | ||||
| > | of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree | ||||
| > | to **binding individual arbitration before the American Arbitration Association | ||||
| > | ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in f | ||||
| > | ront of a judge or jury**. Instead, a neutral arbitrator will decide, and the ar | ||||
| > | bitrator’s decision will be final except for a limited right of review under the | ||||
| > | FAA. **Class action lawsuits, class-wide arbitrations, private attorney-general | ||||
| > | actions, requests for public injunctions, and any other proceeding or request f | ||||
| > | or relief where someone acts in a representative capacity aren’t allowed. Nor is | ||||
| > | combining individual proceedings without the consent of all parties**. "We," "o | ||||
| > | ur," and "us" includes Microsoft and Microsoft’s affiliates. | ||||
| 116 | |||||
| 117 | a.** Disputes Covered—Everything Except IP**. The term "dispute" is as broad as | ||||
| > | it can be. It includes any claim or controversy between you and us concerning th | ||||
| > | e Store (including the Products and Services), any advertising, marketing, or co | ||||
| > | mmunications, any Products or Services offered or sold, any purchase transaction | ||||
| > | s or billing, or these Terms of Sale or Store Policies, under any legal theory i | ||||
| > | ncluding contract, warranty, tort, statute, or regulation, **except disputes rel | ||||
| > | ating to the enforcement or validity of your, your licensors’, our, or our licen | ||||
| > | sors’ intellectual property rights**. | ||||
| 118 | |||||
| 119 | b.** Send a Notice of Dispute Before Arbitration**. If you have a dispute that o | ||||
| > | ur customer service representatives can’t resolve and you wish to pursue arbitra | ||||
| > | tion, you must first send an individualized Notice of Dispute to **Microsoft Cor | ||||
| > | poration, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399**, U | ||||
| > | .S.A., or submit the form electronically. The Notice of Dispute form is availabl | ||||
| > | e at Arbitration forms and instructions. Complete that form in full, with all th | ||||
| > | e information it requires. We’ll do the same if we have a dispute with you. The | ||||
| > | Notice of Dispute is a prerequisite to initiating any arbitration. Any applicabl | ||||
| > | e statute of limitations will be tolled from the date of a properly submitted in | ||||
| > | dividualized Notice of Dispute through the first date on which an arbitration ma | ||||
| > | y properly be filed under this Section 27. | ||||
| 120 | |||||
| 121 | c.** Small Claims Court Option**. Instead of sending a Notice of Dispute, either | ||||
| > | you or we may sue the other party in small claims court seeking only individual | ||||
| > | ized relief, so long as the action meets the small claims court’s requirements a | ||||
| > | nd remains an individual action seeking individualized relief. The small claims | ||||
| > | court must be in your county of residence (or, if a business, your principal pla | ||||
| > | ce of business). | ||||
| 122 | |||||
| 123 | d.** Arbitration Procedure**. The AAA will conduct any arbitration under its Com | ||||
| > | mercial Arbitration Rules (or if you are an individual and use the Store or Serv | ||||
| > | ices for personal or household use, or if the value of the dispute is less than | ||||
| > | $75,000 whether or not you are an individual or how you use the Store or Service | ||||
| > | s, its Consumer Arbitration Rules). For more information, see the American Arbit | ||||
| > | ration Association or call 1-800-778-7879. Section 27 and these Terms of Sale go | ||||
| > | vern to the extent they conflict with any applicable AAA rules. To initiate an a | ||||
| > | rbitration, submit the Demand for Arbitration form available at Arbitration form | ||||
| > | s and instructions to the AAA and mail a copy to us. The form must contain infor | ||||
| > | mation that is specific to you and your claim. In a dispute involving $25,000 or | ||||
| > | less, any hearing will be telephonic or by videoconference unless the arbitrato | ||||
| > | r finds good cause to hold an in-person hearing instead. Any in-person hearing w | ||||
| > | ill take place in your county of residence (or, if a business, your principal pl | ||||
| > | ace of business). The arbitrator may award the same damages to you individually | ||||
| > | as a court could.** The arbitrator may award declaratory or injunctive relief on | ||||
| > | ly to you individually to satisfy your individual claim, but not relief that wou | ||||
| > | ld affect non-parties. | ||||
| 124 | |||||
| 125 | **The arbitrator rules on all issues except that a court has exclusive authority | ||||
| > | : (i) to decide arbitrability, as well as formation, existence, scope, validity, | ||||
| > | and enforceability of this arbitration agreement; (ii) to decide whether the pa | ||||
| > | rties have complied with the pre-arbitration requirements (including the individ | ||||
| > | ualized Notice of Dispute and Demand for Arbitration forms); (iii) to enforce th | ||||
| > | e prohibition on class, representative, private attorney-general, or combined ac | ||||
| > | tions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitra | ||||
| > | tion from proceeding if it does not comply with this Section 27. | ||||
| 126 | 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 | ||||
| > | ers, or by lawyers who are coordinating with each other, you and we agree that t | ||||
| > | hese claims will be “Related Cases.” Related Cases may only be filed in batches | ||||
| > | of up to 50 individual arbitrations at a time, and those individual arbitrations | ||||
| > | will be resolved in the following manner: (i) for the first batch, each side ma | ||||
| > | y select up to 25 of these Related Cases to be filed and resolved in individual | ||||
| > | arbitrations under this Section 27; (ii) none of the other Related Cases may be | ||||
| > | filed or prosecuted in arbitration until the first batch of up to 50 individual | ||||
| > | arbitrations is resolved; and (iii) if, after that first batch, the parties are | ||||
| > | unable to informally resolve the remaining Related Cases, a second batch of Rela | ||||
| > | ted Cases may be filed, where each side may select up to 25 of the Related Cases | ||||
| > | to be resolved in individual arbitrations under this Section 27. This process o | ||||
| > | f batched individual arbitrations will continue until the parties resolve all Re | ||||
| > | lated Cases informally or through individual arbitrations. A court has exclusive | ||||
| > | authority to enforce this paragraph, including whether it applies to a given se | ||||
| > | t of claims, and to enjoin the filing or prosecution of arbitrations that do not | ||||
| > | comply with this paragraph. | ||||
| 127 | |||||
| 128 | e.** Arbitration Fees and Payments. | ||||
| 129 | |||||
| 130 | i. Disputes Involving Less Than $75,000**. We will promptly reimburse your fili | ||||
| > | ng fees and pay the AAA’s and arbitrator’s fees and expenses if: (i) the dispute | ||||
| > | involves less than $75,000; and before initiating arbitration (ii) you complied | ||||
| > | with all pre-arbitration requirements in this Section 27, including, if applica | ||||
| > | ble, the Related Cases paragraph. Otherwise, the AAA rules will govern payment o | ||||
| > | f filing fees and the AAA’s and arbitrator’s fees and expenses. If, at the concl | ||||
| > | usion of the arbitration, the arbitrator awards you more than our last written o | ||||
| > | ffer made before the arbitrator was appointed, we will: pay you (i) the amount o | ||||
| > | f the award or $1,000 (whichever is more); and; (ii) for any reasonable attorney | ||||
| > | ’s fees you incurred; and any reasonable expenses (including expert witness fees | ||||
| > | and costs) that your attorney accrued in connection with your individual arbit | ||||
| > | ration. | ||||
| 131 | **ii. Disputes Involving $75,000 or More**. The AAA rules will govern payment of | ||||
| > | filing fees and the AAA’s and arbitrator’s fees and expenses. | ||||
| 132 | f.** Rejecting Future Arbitration Changes**. You may reject any change we make t | ||||
| > | o Section 27 (except address changes) by personally signing and sending us notic | ||||
| > | e within 30 days of the change by U.S. Mail to the address in Section 27.b. If y | ||||
| > | ou do, the most recent version of Section 27 before the change you rejected will | ||||
| > | apply. | ||||
| 133 | g.** Severability**. If, after exhaustion of all appeals, a court finds any part | ||||
| > | of this Section 27 unenforceable as to any claim or request for a remedy, then | ||||
| > | the parties agree to arbitrate all claims and remedies subject to arbitration be | ||||
| > | fore litigating in court any remaining claims or remedies (such as a request for | ||||
| > | a public injunction remedy, in which case the arbitrator issues an award on lia | ||||
| > | bility and individual relief before a court considers that request). Otherwise, | ||||
| > | if any other part of Section 27 is found to be unenforceable, the remainder will | ||||
| > | remain in effect (with an arbitration award issued before any court proceeding | ||||
| > | begins). | ||||
| 134 | - **Interpreting These Terms**. All parts of these Terms of Sale apply to the ma | ||||
| > | ximum extent permitted by the relevant law; you may have greater rights in your | ||||
| > | jurisdiction of residence (or, if a business, your principal place of business). | ||||
| > | If a court or arbitrator holds that we can’t enforce a part of these Terms of S | ||||
| > | ale as written, we may replace those terms with similar terms to the extent enfo | ||||
| > | rceable under the relevant law, but the rest of these Terms of Sale won’t change | ||||
| > | . Section 27.g says what happens if parts of Section 27 (arbitration and class a | ||||
| > | ction waiver) are found to be unenforceable. Section 27.g prevails over this sec | ||||
| > | tion if inconsistent with it. Except for Section 27 (arbitration and class actio | ||||
| > | n waiver), these Terms of Sale are solely for your and our benefit; they aren’t | ||||
| > | for the benefit of any other person, except for Microsoft’s successors and assig | ||||
| > | ns. Other terms may apply if you purchase products or services from other Micros | ||||
| > | oft websites. | ||||
| 135 | - **Assignment**. We may assign, transfer, or otherwise dispose of our rights an | ||||
| > | d obligations under these Terms of Sale, in whole or in part, at any time withou | ||||
| > | t notice to you. You may not assign or transfer any rights under these Terms of | ||||
| > | Sale. | ||||
| 136 | - **Notices and Communication**. For customer support inquiries, please see the | ||||
| > | Sales and Support page in the Store. | ||||
| 137 | - **Choice of Law and Place to Resolve Disputes. | ||||
| 138 | **a. If you are an individual living in the United States or are a business with | ||||
| > | your principal place of business in the United States, the laws of the state wh | ||||
| > | ere you live (or, if a business, where your principal place of business is locat | ||||
| > | ed) govern all claims, regardless of conflict of laws principles, except that th | ||||
| > | e Federal Arbitration Act governs all provisions relating to arbitration. You an | ||||
| > | d we irrevocably consent to the exclusive jurisdiction and venue of the state or | ||||
| > | federal courts in King County, Washington, for all disputes arising out of or r | ||||
| > | elating to these Terms of Sale or Store Policies, the Store (including the Produ | ||||
| > | cts and Services), any advertising, marketing, or communications, any purchase t | ||||
| > | ransactions or billing, or any products or services offered or sold, that are he | ||||
| > | ard in court (excluding arbitration and small claims court). | ||||
| 139 | b. If you live in (or are a business with your principal place of business in) C | ||||
| > | anada, the laws of the province/territory where you live (or, if a business, whe | ||||
| > | re your principal place of business is located) govern all claims, regardless of | ||||
| > | conflict of laws principles. Subject to applicable law, you and we irrevocably | ||||
| > | consent to the exclusive jurisdiction and venue of the courts in the province of | ||||
| > | Ontario for all disputes arising out of or relating to these Terms of Sale or S | ||||
| > | tore Policies, the Store (including the Products or Services), any advertising, | ||||
| > | marketing, or communications, any purchase transactions or billing, or any produ | ||||
| > | cts or services offered or sold, that are heard in court. | ||||
| 140 | - **Notices. | ||||
| 141 | **a.** Notices and procedure for making claims of intellectual property infringe | ||||
| > | ment**. Microsoft respects the intellectual property rights of third parties. If | ||||
| > | you wish to send a notice of intellectual property infringement, including clai | ||||
| > | ms of copyright infringement, please use our procedures for submitting Notices o | ||||
| > | f Infringement. All inquiries not relevant to this procedure will not receive a | ||||
| > | response. Microsoft uses the processes set out in Title 17, United States Code, | ||||
| > | Section 512 to respond to notices of copyright infringement. In appropriate circ | ||||
| > | umstances, Microsoft may also disable or terminate accounts of users of Microsof | ||||
| > | t services who may be repeat infringers. | ||||
| 142 | b.** Copyright and Trademark Notices**. All contents of the Store and Services a | ||||
| > | re Copyright ©2026 Microsoft Corporation and/or its suppliers and Third Party pr | ||||
| > | oviders, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or o | ||||
| > | ur suppliers and other Third Party providers own the title, copyright, and other | ||||
| > | intellectual property rights in the Store, Services and content. Microsoft and | ||||
| > | the names, logos, and icons of all Microsoft Products and Services may be either | ||||
| > | trademarks or registered trademarks of Microsoft in the United States, Canada a | ||||
| > | nd/or other countries. A list of Microsoft trademarks can be found at Microsoft | ||||
| > | Trademark and Brand Guidelines page. The names of actual companies and products | ||||
| > | may be the trademarks of their respective owners. Any rights not expressly grant | ||||
| > | ed in these Terms of Sale are reserved. | ||||
| 143 | - **Safety Warning**. To avoid possible injury, discomfort, or eye strain, you s | ||||
| > | hould take periodic breaks from use of games or other applications, especially i | ||||
| > | f you feel any pain or fatigue resulting from usage. If you experience discomfor | ||||
| > | t, take a break. Discomfort might include feelings of nausea, motion sickness, d | ||||
| > | izziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using appl | ||||
| > | ications can distract you and obstruct your surroundings. Avoid trip hazards, st | ||||
| > | airs, low ceilings, fragile, or valuable items that could be damaged. A very sma | ||||
| > | ll percentage of people may experience seizures when exposed to certain visual i | ||||
| > | mages like flashing lights or patterns that may appear in applications. Even peo | ||||
| > | ple with no history of seizures may have an undiagnosed condition that can cause | ||||
| > | these seizures. Symptoms may include lightheadedness, altered vision, twitching | ||||
| > | , jerking or shaking of limbs, disorientation, confusion, loss of consciousness, | ||||
| > | or convulsions. Immediately stop using and consult a doctor if you experience a | ||||
| > | ny of these symptoms or consult a doctor before using the applications if you’ve | ||||
| > | ever suffered symptoms linked to seizures. Parents should monitor their childr | ||||
| > | en’s use of applications for signs of symptoms. | ||||
| 144 | - **Additional Terms for Commercial Purchases (United States only)**. When you p | ||||
| > | urchase Products or Services through your work account associated with your Entr | ||||
| > | a ID (available in the United States only), your purchase is subject to these Te | ||||
| > | rms of Sale and the terms of the Microsoft Customer Agreement that you agreed to | ||||
| > | when you created your Entra ID to set up your work account. For purposes of the | ||||
| > | Microsoft Customer Agreement, any hardware device purchased through a work acco | ||||
| > | unt will be considered a "Product". Microsoft will ship devices to Customer as d | ||||
| > | escribed at Shipping options, costs, and delivery times - Microsoft Support. The | ||||
| > | following additional terms shall apply for hardware devices purchased through a | ||||
| > | work account for commercial usage: (a) absent Microsoft’s written consent, you | ||||
| > | may not, in any circumstance, make devices available for use by any unrelated th | ||||
| > | ird party or resell, lease or transfer for any value any device purchased throug | ||||
| > | h the Microsoft Store; (b) the sole warranty and remedies Microsoft provides for | ||||
| > | hardware is the manufacturer’s limited warranty (if any) applicable to the hard | ||||
| > | ware or any protection plan that you may purchase from Microsoft separately, as | ||||
| > | each is described on Warranty and Protection Plan Terms & Conditions (or a succe | ||||
| > | ssor site); (c) each party’s liability to the other for all claims related to ea | ||||
| > | ch hardware device is limited to direct damages up to the amount that you paid f | ||||
| > | or that hardware device, subject to the exceptions and terms set out in the "Lim | ||||
| > | itation of Liability" section of the Microsoft Customer Agreement; (d) you will | ||||
| > | not use the devices in any system, application or situation where failure or fau | ||||
| > | lt of any kind of the device could reasonably be seen to lead to death or seriou | ||||
| > | s bodily injury of any person, or to severe physical or environmental damage, an | ||||
| > | d (e) if you ship or deliver hardware outside of the country where Microsoft shi | ||||
| > | pped or delivered it to you, you must comply with all applicable laws and regula | ||||
| > | tions relating to the collection, treatment, recovery, recycling, disposal, and | ||||
| > | reuse of electrical and electronic equipment ("EEE"), batteries, software media, | ||||
| > | and packaging materials in each such country. Subject to the conditions and lim | ||||
| > | itations in the Microsoft Customer Agreement, you agree to defend Microsoft and | ||||
| > | its Affiliates against any third-party claim to the extent it alleges you failed | ||||
| > | to comply with the requirements in Sections (d) or (e) of this paragraph. | ||||
| 145 | |||||
| 146 | # Microsoft Store Terms of Sale | ||||
| 147 | |||||
| 148 | **United States and Canada Consumer Store** | ||||
| 149 | |||||
| 150 | Updated June 2026 | ||||
| 151 | |||||
| 152 | **If you are an individual living in the United States or if you are a business | ||||
| > | whose principal place of business is in the United States, please read the bindi | ||||
| > | ng arbitration clause and class action waiver in Section 27. It affects how dis | ||||
| > | putes are resolved.** | ||||
| 153 | |||||
| 154 | Welcome to Microsoft Store, Microsoft’s online store operated in the United Stat | ||||
| > | es by Microsoft Corporation, located at One Microsoft Way, Redmond, WA 98052, US | ||||
| > | A, and in Canada by Microsoft Canada Inc., located at 1950 Meadowvale Blvd., Mis | ||||
| > | sissauga, ON L5N 8L9, Canada. References in these Terms of Sale to "Microsoft," | ||||
| > | "We," "Us," or "Our" refer to (a) Microsoft Corporation if you are located in (o | ||||
| > | r your principal place of business is located in) the United States or any count | ||||
| > | ry other than Canada at the time you accept these Terms of Sale, or (b) Microsof | ||||
| > | t Canada, Inc. if you are located in (or your principal place of business is loc | ||||
| > | ated in) Canada at the time you accept these Terms of Sale. | ||||
| 155 | |||||
| 156 | " **Store** " refers to our Microsoft websites accessible through Microsoft Stor | ||||
| > | e, Office Store, Xbox Store, and Windows Store that allow you to browse, view, a | ||||
| > | cquire, purchase, and rate and review products and services and digital content, | ||||
| > | including Movies, TV shows, applications, games, and other digital goods (colle | ||||
| > | ctively, “ **Digital Content** ”), devices, game consoles, and more (together wi | ||||
| > | th Digital Content, collectively, “ **Products** ”). Through the Store, Microsof | ||||
| > | t also provides access to a variety of resources, including download areas, soft | ||||
| > | ware, tools, and information about software, services, and other items (collecti | ||||
| > | vely " **Services** "). These Terms of Sale (" **Terms of Sale** ") govern your | ||||
| > | use of the Store and other Microsoft services referred to in these Terms of Sale | ||||
| > | , as well as purchases you make through the Store. Some Products and Services of | ||||
| > | fered in the Store are offered by sellers other than Microsoft. **By using the S | ||||
| > | tore or any Service available through the Store, or by purchasing a Product thro | ||||
| > | ugh the Store, you accept and agree to these Terms of Sale, Microsoft's Privacy | ||||
| > | Statement (see the Privacy and Protection of Personal Information section below) | ||||
| > | , and applicable terms and conditions, policies, or disclaimers found in the Sto | ||||
| > | re or referenced in these Terms of Sale (collectively the "Store Policies").** | ||||
| 157 | |||||
| 158 | Please read all Store Policies carefully. **You may not use the Store if you do | ||||
| > | not agree to the Store Policies.** | ||||
| 159 | |||||
| 160 | Microsoft may update or amend Store Policies without notice and at any time. See | ||||
| > | Section 19. | ||||
| 161 | |||||
| 162 | ## Terms Relating to Your Use of the Store | ||||
| 163 | |||||
| 31 | 1. **Member Account** . You will ensure that all account information you provide | 164 | 1. **Member Account** . You will ensure that all account information you provide | ||
| > | to us is current, complete, and accurate. We may require you to accept a servic | > | to us is current, complete, and accurate. We may require you to accept a servic | ||
| > | e agreement or separate terms of use as a condition of opening an account. Your | > | e agreement or separate terms of use as a condition of opening an account. Your | ||
| > | use of the account to access the Store and any content you acquire from the Stor | > | use of the account to access the Store and any content you acquire from the Stor | ||
| > | e is subject to all terms that govern your Microsoft account that were presented | > | e is subject to all terms that govern your Microsoft account that were presented | ||
| > | to you when you opened the account. For more information, please see the Micros | > | to you when you opened the account. For more information, please see the Micros | ||
| > | oft Services Agreement (United States) and Microsoft Services Agreement (Canada) | > | oft Services Agreement (United States) and Microsoft Services Agreement (Canada) | ||
| > | . You are responsible for keeping your account information and password confiden | > | . You are responsible for keeping your account information and password confiden | ||
| > | tial and for all activity that occurs under your account. If you are purchasing | > | tial and for all activity that occurs under your account. If you are purchasing | ||
| > | Products using a work account, you must have an Entra ID and must agree to the M | > | Products using a work account, you must have an Entra ID and must agree to the M | ||
| > | icrosoft Customer Agreement. You can review your Microsoft Customer Agreement on | > | icrosoft Customer Agreement. You can review your Microsoft Customer Agreement on | ||
| > | your Microsoft Admin Center. | > | your Microsoft Admin Center. | ||
| 32 | 165 | ||||
| 33 | 2. No Unlawful or Prohibited Use. You will not use the Store for any purpose tha | 166 | 2. No Unlawful or Prohibited Use. You will not use the Store for any purpose tha | ||
| > | t is unlawful or prohibited by these Terms of Sale, the Store Policies, or any o | > | t is unlawful or prohibited by these Terms of Sale, the Store Policies, or any o | ||
| > | ther terms that apply to your use of the Store. You may not use the Store in any | > | ther terms that apply to your use of the Store. You may not use the Store in any | ||
| > | manner that could damage, disable, overburden, or impair any Microsoft server, | > | manner that could damage, disable, overburden, or impair any Microsoft server, | ||
| > | or the network(s) connected to any Microsoft server, or interfere with any other | > | or the network(s) connected to any Microsoft server, or interfere with any other | ||
| > | party's use and enjoyment of the Store. You may not attempt to gain unauthorize | > | party's use and enjoyment of the Store. You may not attempt to gain unauthorize | ||
| > | d access to the Store, other accounts, computer systems, or networks connected t | > | d access to the Store, other accounts, computer systems, or networks connected t | ||
| > | o any Microsoft server or to the Store, through hacking, password mining, or any | > | o any Microsoft server or to the Store, through hacking, password mining, or any | ||
| > | other means. You may not obtain or attempt to obtain any materials or informati | > | other means. You may not obtain or attempt to obtain any materials or informati | ||
| > | on through any means not intentionally made available through the Store. You may | > | on through any means not intentionally made available through the Store. You may | ||
| > | not use the Store in a way that infringes rights of third parties, including wi | > | not use the Store in a way that infringes rights of third parties, including wi | ||
| > | llfully harming a person or entity, including Microsoft. You may not commerciall | > | llfully harming a person or entity, including Microsoft. You may not commerciall | ||
| > | y distribute, publish, license, or sell any product, information, or Services ob | > | y distribute, publish, license, or sell any product, information, or Services ob | ||
| > | tained through the Store. | > | tained through the Store. | ||
| 43 | ## Terms Relating to the Sale of Products to You | 176 | ## Terms Relating to the Sale of Products to You | ||
| 44 | 177 | ||||
| 45 | **5. Geographic Availability** . Available Products and Services may vary depend | 178 | **5. Geographic Availability** . Available Products and Services may vary depend | ||
| > | ing on your region or device. In addition, there may be limits on where we can s | > | ing on your region or device. In addition, there may be limits on where we can s | ||
| > | hip Products or provide Services or Digital Content. To complete your purchase, | > | hip Products or provide Services or Digital Content. To complete your purchase, | ||
| > | you may be required to have a valid billing and shipping address within the coun | > | you may be required to have a valid billing and shipping address within the coun | ||
| > | try or region of the Store where you are purchasing. | > | try or region of the Store where you are purchasing. | ||
| n | n | 179 | |||
| 180 | You may not use technologies or techniques that obscure or misrepresent your geo | ||||
| > | graphic location (such as virtual private networks (VPNs), proxies, or similar t | ||||
| > | ools) when engaging in transactions or redemptions related to Products and Servi | ||||
| > | ces offered through the Store. If we determine that location masking technologie | ||||
| > | s are being used, we may decline, block, suspend, cancel, or reverse a transacti | ||||
| > | on, limit access to affected Products or Services, or take other appropriate act | ||||
| > | ion consistent with these Terms of Sale and applicable law. This section does no | ||||
| > | t apply to use of VPNs or similar technologies for purposes unrelated to purchas | ||||
| > | ing, redemption, or transactional activity through the Store. | ||||
| 46 | 181 | ||||
| 47 | **6. End Users Only** . Products and Services available through the Store are fo | 182 | **6. End Users Only** . Products and Services available through the Store are fo | ||
| > | r purchase by consumers or commercial entities for use by end users only and are | > | r purchase by consumers or commercial entities for use by end users only and are | ||
| > | not available for purchase or use by resellers. Purchase of Products and Servic | > | not available for purchase or use by resellers. Purchase of Products and Servic | ||
| > | es by commercial entities are subject to the additional terms set forth in Secti | > | es by commercial entities are subject to the additional terms set forth in Secti | ||
| > | on 34. | > | on 34. | ||
| 48 | 183 | ||||
| 121 | - services that have been performed or consumed; and | 256 | - services that have been performed or consumed; and | ||
| 122 | - clearance items or those marked with a designation such as "Final Sale" or "No | 257 | - clearance items or those marked with a designation such as "Final Sale" or "No | ||
| > | n-Returnable". | > | n-Returnable". | ||
| 123 | 258 | ||||
| n | 124 | Request a Refund on Digital Games . For information on how to request a refund f | n | 259 | Request a Refund on Digital Games . For information on how to request a refund f |
| > | or digital games, Xbox apps (excluding movies and tv apps), digital gaming bundl | > | or digital games, Xbox apps (excluding movies and tv apps), digital gaming bundl | ||
| > | e offers, and digital durable and consumable games, such as games season passes, | > | e offers, and digital durable and consumable games, such as games season passes, | ||
| > | virtual currency, and microtransactions, whether made available through the Xbo | > | virtual currency, and microtransactions, whether made available through the Xbo | ||
| > | x console device or on your PC (collectively “ **Digital Game Products** ”), see | > | x console device or on your PC (collectively “ **Digital Game Products** ”), see | ||
| > | our Request a Refund page: https://support.xbox.com/en-US/help/subscriptions-bi | > | our Request a Refund page . | ||
| > | lling/buy-games-apps/refund-orders . | ||||
| 125 | 260 | ||||
| 126 | Microsoft Subscription Services Refund Policy . For complete details on refunds | 261 | Microsoft Subscription Services Refund Policy . For complete details on refunds | ||
| > | for Microsoft Subscription Services, see Section 9. | > | for Microsoft Subscription Services, see Section 9. | ||
| 127 | 262 | ||||
| 178 | 313 | ||||
| 179 | a. **Disputes Covered—Everything Except IP** . The term "dispute" is as broad as | 314 | a. **Disputes Covered—Everything Except IP** . The term "dispute" is as broad as | ||
| > | it can be. It includes any claim or controversy between you and us concerning t | > | it can be. It includes any claim or controversy between you and us concerning t | ||
| > | he Store (including the Products and Services), any advertising, marketing, or c | > | he Store (including the Products and Services), any advertising, marketing, or c | ||
| > | ommunications, any Products or Services offered or sold, any purchase transactio | > | ommunications, any Products or Services offered or sold, any purchase transactio | ||
| > | ns or billing, or these Terms of Sale or Store Policies, under any legal theory | > | ns or billing, or these Terms of Sale or Store Policies, under any legal theory | ||
| > | including contract, warranty, tort, statute, or regulation, **except disputes re | > | including contract, warranty, tort, statute, or regulation, **except disputes re | ||
| > | lating to the enforcement or validity of your, your licensors’, our, or our lice | > | lating to the enforcement or validity of your, your licensors’, our, or our lice | ||
| > | nsors’ intellectual property rights** . | > | nsors’ intellectual property rights** . | ||
| 180 | 315 | ||||
| n | 181 | b. **Send a Notice of Dispute Before Arbitration** . If you have a dispute that | n | 316 | 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 arbitr | > | our customer service representatives can’t resolve and you wish to pursue arbitr | ||
| > | ation, you must first send an individualized Notice of Dispute to **Microsoft Co | > | ation, you must first send an individualized Notice of Dispute to **Microsoft Co | ||
| > | rporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399** , | > | rporation, 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 | > | U.S.A., or submit the form electronically. The Notice of Dispute form is availa | ||
| > | ble at http://go.microsoft.com/fwlink/?LinkId=245499 . Complete that form in ful | > | ble at Arbitration forms and instructions . Complete that form in full, with all | ||
| > | l, with all the information it requires. We’ll do the same if we have a dispute | > | the information it requires. We’ll do the same if we have a dispute with you. T | ||
| > | with you. The Notice of Dispute is a prerequisite to initiating any arbitration. | > | he Notice of Dispute is a prerequisite to initiating any arbitration. Any applic | ||
| > | Any applicable statute of limitations will be tolled from the date of a properl | > | able statute of limitations will be tolled from the date of a properly submitted | ||
| > | y submitted individualized Notice of Dispute through the first date on which an | > | individualized Notice of Dispute through the first date on which an arbitration | ||
| > | arbitration may properly be filed under this Section 27. | > | may properly be filed under this Section 27. | ||
| 182 | 317 | ||||
| 183 | c. **Small Claims Court Option** . Instead of sending a Notice of Dispute, eithe | 318 | c. **Small Claims Court Option** . Instead of sending a Notice of Dispute, eithe | ||
| > | r you or we may sue the other party in small claims court seeking only individua | > | r you or we may sue the other party in small claims court seeking only individua | ||
| > | lized relief, so long as the action meets the small claims court’s requirements | > | lized relief, so long as the action meets the small claims court’s requirements | ||
| > | and remains an individual action seeking individualized relief. The small claims | > | and remains an individual action seeking individualized relief. The small claims | ||
| > | court must be in your county of residence (or, if a business, your principal pl | > | court must be in your county of residence (or, if a business, your principal pl | ||
| > | ace of business). | > | ace of business). | ||
| 184 | 319 | ||||
| n | 185 | d. **Arbitration Procedure** . The AAA will conduct any arbitration under its Co | n | 320 | d. **Arbitration Procedure** . The AAA will conduct any arbitration under its Co |
| > | mmercial Arbitration Rules (or if you are an individual and use the Store or Ser | > | mmercial Arbitration Rules (or if you are an individual and use the Store or Ser | ||
| > | vices for personal or household use, or if the value of the dispute is less than | > | vices for personal or household use, or if the value of the dispute is less than | ||
| > | $75,000 whether or not you are an individual or how you use the Store or Servic | > | $75,000 whether or not you are an individual or how you use the Store or Servic | ||
| > | es, its Consumer Arbitration Rules). For more information, see www.adr.org or ca | > | es, its Consumer Arbitration Rules). For more information, see the American Arbi | ||
| > | ll 1-800-778-7879. Section 27 and these Terms of Sale govern to the extent they | > | tration Association or call 1-800-778-7879. Section 27 and these Terms of Sale g | ||
| > | conflict with any applicable AAA rules. To initiate an arbitration, submit the D | > | overn to the extent they conflict with any applicable AAA rules. To initiate an | ||
| > | emand for Arbitration form available at http://go.microsoft.com/fwlink/?LinkId=2 | > | arbitration, submit the Demand for Arbitration form available at Arbitration for | ||
| > | 45497 to the AAA and mail a copy to us. The form must contain information that i | > | ms and instructions to the AAA and mail a copy to us. The form must contain info | ||
| > | s specific to you and your claim. In a dispute involving $25,000 or less, any he | > | rmation that is specific to you and your claim. In a dispute involving $25,000 o | ||
| > | aring will be telephonic or by videoconference unless the arbitrator finds good | > | r less, any hearing will be telephonic or by videoconference unless the arbitrat | ||
| > | cause to hold an in-person hearing instead. Any in-person hearing will take plac | > | or finds good cause to hold an in-person hearing instead. Any in-person hearing | ||
| > | e in your county of residence (or, if a business, your principal place of busine | > | will take place in your county of residence (or, if a business, your principal p | ||
| > | ss). The arbitrator may award the same damages to you individually as a court co | > | lace of business). The arbitrator may award the same damages to you individually | ||
| > | uld. **The arbitrator may award declaratory or injunctive relief only to you ind | > | as a court could. **The arbitrator may award declaratory or injunctive relief o | ||
| > | ividually to satisfy your individual claim, but not relief that would affect non | > | nly to you individually to satisfy your individual claim, but not relief that wo | ||
| > | -parties.** | > | uld affect non-parties.** | ||
| 186 | 321 | ||||
| 187 | The arbitrator rules on all issues except that a court has exclusive authority: | 322 | The arbitrator rules on all issues except that a court has exclusive authority: | ||
| > | (i) to decide arbitrability, as well as formation, existence, scope, validity, a | > | (i) to decide arbitrability, as well as formation, existence, scope, validity, a | ||
| > | nd enforceability of this arbitration agreement; (ii) to decide whether the part | > | nd enforceability of this arbitration agreement; (ii) to decide whether the part | ||
| > | ies have complied with the pre-arbitration requirements (including the individua | > | ies have complied with the pre-arbitration requirements (including the individua | ||
| > | lized Notice of Dispute and Demand for Arbitration forms); (iii) to enforce the | > | lized Notice of Dispute and Demand for Arbitration forms); (iii) to enforce the | ||
| > | prohibition on class, representative, private attorney-general, or combined acti | > | prohibition on class, representative, private attorney-general, or combined acti | ||
| > | ons or proceedings, or public injunctive relief; and (iv) to enjoin an arbitrati | > | ons or proceedings, or public injunctive relief; and (iv) to enjoin an arbitrati | ||
| > | on from proceeding if it does not comply with this Section 27. | > | on from proceeding if it does not comply with this Section 27. | ||
| 188 | 323 | ||||
| 216 | 351 | ||||
| 217 | **33. Safety Warning** . To avoid possible injury, discomfort, or eye strain, yo | 352 | **33. Safety Warning** . To avoid possible injury, discomfort, or eye strain, yo | ||
| > | u should take periodic breaks from use of games or other applications, especiall | > | u should take periodic breaks from use of games or other applications, especiall | ||
| > | y if you feel any pain or fatigue resulting from usage. If you experience discom | > | y if you feel any pain or fatigue resulting from usage. If you experience discom | ||
| > | fort, take a break. Discomfort might include feelings of nausea, motion sickness | > | fort, take a break. Discomfort might include feelings of nausea, motion sickness | ||
| > | , dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using a | > | , dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using a | ||
| > | pplications can distract you and obstruct your surroundings. Avoid trip hazards, | > | pplications can distract you and obstruct your surroundings. Avoid trip hazards, | ||
| > | stairs, low ceilings, fragile, or valuable items that could be damaged. A very | > | stairs, low ceilings, fragile, or valuable items that could be damaged. A very | ||
| > | small percentage of people may experience seizures when exposed to certain visua | > | small percentage of people may experience seizures when exposed to certain visua | ||
| > | l images like flashing lights or patterns that may appear in applications. Even | > | l images like flashing lights or patterns that may appear in applications. Even | ||
| > | people with no history of seizures may have an undiagnosed condition that can ca | > | people with no history of seizures may have an undiagnosed condition that can ca | ||
| > | use these seizures. Symptoms may include lightheadedness, altered vision, twitch | > | use these seizures. Symptoms may include lightheadedness, altered vision, twitch | ||
| > | ing, jerking or shaking of limbs, disorientation, confusion, loss of consciousne | > | ing, jerking or shaking of limbs, disorientation, confusion, loss of consciousne | ||
| > | ss, or convulsions. Immediately stop using and consult a doctor if you experienc | > | ss, or convulsions. Immediately stop using and consult a doctor if you experienc | ||
| > | e any of these symptoms or consult a doctor before using the applications if you | > | e any of these symptoms or consult a doctor before using the applications if you | ||
| > | ’ve ever suffered symptoms linked to seizures. Parents should monitor their chi | > | ’ve ever suffered symptoms linked to seizures. Parents should monitor their chi | ||
| > | ldren’s use of applications for signs of symptoms. | > | ldren’s use of applications for signs of symptoms. | ||
| 218 | 353 | ||||
| n | 219 | **34. Additional Terms for Commercial Purchases (United States only)** . When yo | n | 354 | **34. Additional Terms for Commercial Purchases (United States only)** . When yo |
| > | u purchase Products or Services through your work account associated with your E | > | u purchase Products or Services through your work account associated with your E | ||
| > | ntra ID (available in the United States only), your purchase is subject to these | > | ntra ID (available in the United States only), your purchase is subject to these | ||
| > | Terms of Sale and the terms of the Microsoft Customer Agreement that you agreed | > | Terms of Sale and the terms of the Microsoft Customer Agreement that you agreed | ||
| > | to when you created your Entra ID to set up your work account. For purposes of | > | to when you created your Entra ID to set up your work account. For purposes of | ||
| > | the Microsoft Customer Agreement, any hardware device purchased through a work a | > | the Microsoft Customer Agreement, any hardware device purchased through a work a | ||
| > | ccount will be considered a "Product". Microsoft will ship devices to Customer a | > | ccount will be considered a "Product". Microsoft will ship devices to Customer a | ||
| > | s described at Shipping options, costs, and delivery times - Microsoft Support . | > | s described at Shipping options, costs, and delivery times - Microsoft Support . | ||
| > | The following additional terms shall apply for hardware devices purchased throu | > | The following additional terms shall apply for hardware devices purchased throu | ||
| > | gh a work account for commercial usage: (a) absent Microsoft’s written consent, | > | gh a work account for commercial usage: (a) absent Microsoft’s written consent, | ||
| > | you may not, in any circumstance, make devices available for use by any unrelate | > | you may not, in any circumstance, make devices available for use by any unrelate | ||
| > | d third party or resell, lease or transfer for any value any device purchased th | > | d third party or resell, lease or transfer for any value any device purchased th | ||
| > | rough the Microsoft Store; (b) the sole warranty and remedies Microsoft provides | > | rough the Microsoft Store; (b) the sole warranty and remedies Microsoft provides | ||
| > | for hardware is the manufacturer’s limited warranty (if any) applicable to the | > | for hardware is the manufacturer’s limited warranty (if any) applicable to the | ||
| > | hardware or any protection plan that you may purchase from Microsoft separately, | > | hardware or any protection plan that you may purchase from Microsoft separately, | ||
| > | as each is described on www.microsoft.com/surface/warranty (or a successor site | > | as each is described on Warranty and Protection Plan Terms & Conditions (or a s | ||
| > | ); (c) each party’s liability to the other for all claims related to each hardwa | > | uccessor site); (c) each party’s liability to the other for all claims related t | ||
| > | re device is limited to direct damages up to the amount that you paid for that h | > | o each hardware device is limited to direct damages up to the amount that you pa | ||
| > | ardware device, subject to the exceptions and terms set out in the "Limitation o | > | id for that hardware device, subject to the exceptions and terms set out in the | ||
| > | f Liability" section of the Microsoft Customer Agreement; (d) you will not use t | > | "Limitation of Liability" section of the Microsoft Customer Agreement; (d) you w | ||
| > | he devices in any system, application or situation where failure or fault of any | > | ill not use the devices in any system, application or situation where failure or | ||
| > | kind of the device could reasonably be seen to lead to death or serious bodily | > | fault of any kind of the device could reasonably be seen to lead to death or se | ||
| > | injury of any person, or to severe physical or environmental damage, and (e) if | > | rious bodily injury of any person, or to severe physical or environmental damage | ||
| > | you ship or deliver hardware outside of the country where Microsoft shipped or d | > | , and (e) if you ship or deliver hardware outside of the country where Microsoft | ||
| > | elivered it to you, you must comply with all applicable laws and regulations rel | > | shipped or delivered it to you, you must comply with all applicable laws and re | ||
| > | ating to the collection, treatment, recovery, recycling, disposal, and reuse of | > | gulations relating to the collection, treatment, recovery, recycling, disposal, | ||
| > | electrical and electronic equipment ("EEE"), batteries, software media, and pack | > | and reuse of electrical and electronic equipment ("EEE"), batteries, software me | ||
| > | aging materials in each such country. Subject to the conditions and limitations | > | dia, and packaging materials in each such country. Subject to the conditions and | ||
| > | in the Microsoft Customer Agreement, you agree to defend Microsoft and its Affil | > | limitations in the Microsoft Customer Agreement, you agree to defend Microsoft | ||
| > | iates against any third-party claim to the extent it alleges you failed to compl | > | and its Affiliates against any third-party claim to the extent it alleges you fa | ||
| > | y with the requirements in Sections (d) or (e) of this paragraph. | > | iled to comply with the requirements in Sections (d) or (e) of this paragraph. | ||
| 220 | |||||
| 221 | # Microsoft Store Terms of Sale | ||||
| 222 | |||||
| 223 | **United States and Canada Consumer Store** | ||||
| 224 | |||||
| 225 | Updated May 2026 | ||||
| 226 | |||||
| 227 | **If you are an individual living in the United States or if you are a business | ||||
| > | whose principal place of business is in the United States, please read the bindi | ||||
| > | ng arbitration clause and class action waiver in Section 27. It affects how dis | ||||
| > | putes are resolved.** | ||||
| 228 | |||||
| 229 | Welcome to Microsoft Store, Microsoft’s online store operated in the United Stat | ||||
| > | es by Microsoft Corporation, located at One Microsoft Way, Redmond, WA 98052, US | ||||
| > | A, and in Canada by Microsoft Canada Inc., located at 1950 Meadowvale Blvd., Mis | ||||
| > | sissauga, ON L5N 8L9, Canada. References in these Terms of Sale to "Microsoft," | ||||
| > | "We," "Us," or "Our" refer to (a) Microsoft Corporation if you are located in (o | ||||
| > | r your principal place of business is located in) the United States or any count | ||||
| > | ry other than Canada at the time you accept these Terms of Sale, or (b) Microsof | ||||
| > | t Canada, Inc. if you are located in (or your principal place of business is loc | ||||
| > | ated in) Canada at the time you accept these Terms of Sale. | ||||
| 230 | |||||
| 231 | " **Store** " refers to our Microsoft websites accessible through Microsoft Stor | ||||
| > | e, Office Store, Xbox Store, and Windows Store that allow you to browse, view, a | ||||
| > | cquire, purchase, and rate and review products and services and digital content, | ||||
| > | including Movies, TV shows, applications, games, and other digital goods (colle | ||||
| > | ctively, “ **Digital Content** ”), devices, game consoles, and more (together wi | ||||
| > | th Digital Content, collectively, “ **Products** ”). Through the Store, Microsof | ||||
| > | t also provides access to a variety of resources, including download areas, soft | ||||
| > | ware, tools, and information about software, services, and other items (collecti | ||||
| > | vely " **Services** "). These Terms of Sale (" **Terms of Sale** ") govern your | ||||
| > | use of the Store and other Microsoft services referred to in these Terms of Sale | ||||
| > | , as well as purchases you make through the Store. Some Products and Services of | ||||
| > | fered in the Store are offered by sellers other than Microsoft. **By using the S | ||||
| > | tore or any Service available through the Store, or by purchasing a Product thro | ||||
| > | ugh the Store, you accept and agree to these Terms of Sale, Microsoft's Privacy | ||||
| > | Statement (see the Privacy and Protection of Personal Information section below) | ||||
| > | , and applicable terms and conditions, policies, or disclaimers found in the Sto | ||||
| > | re or referenced in these Terms of Sale (collectively the "Store Policies").** | ||||
| 232 | |||||
| 233 | Please read all Store Policies carefully. **You may not use the Store if you do | ||||
| > | not agree to the Store Policies.** | ||||
| 234 | |||||
| 235 | Microsoft may update or amend Store Policies without notice and at any time. See | ||||
| > | Section 19. | ||||
| 236 | |||||
| 237 | ## Terms Relating to Your Use of the Store | ||||
| 238 | |||||
| 239 | 1. **Member Account** . You will ensure that all account information you provide | ||||
| > | to us is current, complete, and accurate. We may require you to accept a servic | ||||
| > | e agreement or separate terms of use as a condition of opening an account. Your | ||||
| > | use of the account to access the Store and any content you acquire from the Stor | ||||
| > | e is subject to all terms that govern your Microsoft account that were presented | ||||
| > | to you when you opened the account. For more information, please see the Micros | ||||
| > | oft Services Agreement (United States) and Microsoft Services Agreement (Canada) | ||||
| > | . You are responsible for keeping your account information and password confiden | ||||
| > | tial and for all activity that occurs under your account. If you are purchasing | ||||
| > | Products using a work account, you must have an Entra ID and must agree to the M | ||||
| > | icrosoft Customer Agreement. You can review your Microsoft Customer Agreement on | ||||
| > | your Microsoft Admin Center. | ||||
| 240 | |||||
| 241 | 2. No Unlawful or Prohibited Use. You will not use the Store for any purpose tha | ||||
| > | t is unlawful or prohibited by these Terms of Sale, the Store Policies, or any o | ||||
| > | ther terms that apply to your use of the Store. You may not use the Store in any | ||||
| > | manner that could damage, disable, overburden, or impair any Microsoft server, | ||||
| > | or the network(s) connected to any Microsoft server, or interfere with any other | ||||
| > | party's use and enjoyment of the Store. You may not attempt to gain unauthorize | ||||
| > | d access to the Store, other accounts, computer systems, or networks connected t | ||||
| > | o any Microsoft server or to the Store, through hacking, password mining, or any | ||||
| > | other means. You may not obtain or attempt to obtain any materials or informati | ||||
| > | on through any means not intentionally made available through the Store. You may | ||||
| > | not use the Store in a way that infringes rights of third parties, including wi | ||||
| > | llfully harming a person or entity, including Microsoft. You may not commerciall | ||||
| > | y distribute, publish, license, or sell any product, information, or Services ob | ||||
| > | tained through the Store. | ||||
| 242 | |||||
| 243 | **3. Materials You Provide to Microsoft or Post in the Store** . Microsoft does | ||||
| > | not claim ownership of the content you provide to Microsoft or post, upload, inp | ||||
| > | ut, or submit through the Store (such as feedback, ratings, reviews and suggesti | ||||
| > | ons) or associated Microsoft services for review by others (each a " **Submissio | ||||
| > | n** " and collectively " **Submissions** "). However, you grant Microsoft a roya | ||||
| > | lty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable ri | ||||
| > | ght to use, modify, adapt, reproduce, create derivative works from, translate, e | ||||
| > | dit, perform, distribute, and display your Submissions, including your name, in | ||||
| > | any media. If you publish a Submission in an area of the Store where it is avail | ||||
| > | able broadly online without restrictions, your Submission may appear in demonstr | ||||
| > | ations or materials that promote the Store and/or the Products, Services or cont | ||||
| > | ent offered through the Store. You warrant and represent that you have (and will | ||||
| > | have) all of the rights necessary to make any Submission you provide and to gra | ||||
| > | nt these rights to Microsoft, on a worldwide basis and for the duration of these | ||||
| > | rights. | ||||
| 244 | |||||
| 245 | Microsoft has no obligation to compensate you for use of your Submission. Micro | ||||
| > | soft is under no obligation to post or use any Submission and Microsoft may remo | ||||
| > | ve any Submission at any time and in its sole discretion. Microsoft takes no res | ||||
| > | ponsibility and assumes no liability for your Submissions or the content others | ||||
| > | post, upload, input, or submit using the Store. | ||||
| 246 | |||||
| 247 | If you rate or review an application in the Store, you may receive an email from | ||||
| > | Microsoft that contains content from the publisher of the application. | ||||
| 248 | |||||
| 249 | **4.** **Links to Third-Party Websites** . The Store may include links to third- | ||||
| > | party websites that let you leave the Store. These linked sites are not under th | ||||
| > | e control of Microsoft and Microsoft is not responsible for the content of any l | ||||
| > | inked site or any link contained in a linked site. Microsoft is providing these | ||||
| > | links only as a convenience, and the inclusion of any link does not imply endors | ||||
| > | ement by Microsoft of the site. Your use of the third-party website may be subje | ||||
| > | ct to that third party’s terms and conditions and/or privacy policies and you sh | ||||
| > | ould read these carefully before agreeing to them. | ||||
| 250 | |||||
| 251 | ## Terms Relating to the Sale of Products to You | ||||
| 252 | |||||
| 253 | **5. Geographic Availability** . Available Products and Services may vary depend | ||||
| > | ing on your region or device. In addition, there may be limits on where we can s | ||||
| > | hip Products or provide Services or Digital Content. To complete your purchase, | ||||
| > | you may be required to have a valid billing and shipping address within the coun | ||||
| > | try or region of the Store where you are purchasing. | ||||
| 254 | |||||
| 255 | **6. End Users Only** . Products and Services available through the Store are fo | ||||
| > | r purchase by consumers or commercial entities for use by end users only and are | ||||
| > | not available for purchase or use by resellers. Purchase of Products and Servic | ||||
| > | es by commercial entities are subject to the additional terms set forth in Secti | ||||
| > | on 34. | ||||
| 256 | |||||
| 257 | **7. Export Limitations** . Products and Services may be subject to customs and | ||||
| > | export control laws and regulations. You will comply with all applicable interna | ||||
| > | tional and national laws and regulations. | ||||
| 258 | |||||
| 259 | **8. Billing** . By providing Microsoft with a payment method, you: (i) represen | ||||
| > | t that you are authorized to use the payment method that you provided and that a | ||||
| > | ny payment information you provide is true and accurate; (ii) authorize Microsof | ||||
| > | t to charge you for any Products or Services you purchase; and (iii) authorize M | ||||
| > | icrosoft to charge you for any paid feature of the Store that you choose to sign | ||||
| > | up for or use. You will promptly update your account whenever there is a change | ||||
| > | to your account information, including your email address and credit card numbe | ||||
| > | rs and expiration dates, so that we can complete your transactions and contact y | ||||
| > | ou as needed in connection with your transactions. We may bill you (a) in advanc | ||||
| > | e; (b) at the time of purchase; (c) shortly after purchase; or (d) subject to ap | ||||
| > | plicable law (which for consumers may include the Province of Quebec), on a recu | ||||
| > | rring basis for subscriptions. Also, for Microsoft Subscription Services and Thi | ||||
| > | rd-Party Subscription Services billed through Microsoft, we may charge you up to | ||||
| > | the amount you have approved, and we will notify you in advance and in accordan | ||||
| > | ce with the terms of your subscription of any change in the amount to be charged | ||||
| > | for recurring subscriptions. We may bill you at the same time for more than one | ||||
| > | of your prior billing periods for amounts that haven't previously been processe | ||||
| > | d. For more information about recurring billing for Microsoft Subscription Servi | ||||
| > | ces and Third-Party Subscription Services billed through Microsoft, see Section | ||||
| > | 9. | ||||
| 260 | |||||
| 261 | **9. Subscription-Based Products and Services; Recurring Billing; Automatic Rene | ||||
| > | wal.** | ||||
| 262 | |||||
| 263 | Microsoft Subscription Services . If you acquired a Product or Service through M | ||||
| > | icrosoft Store and it is listed as one of the Covered Services in the Microsoft | ||||
| > | Services Agreement for U.S. or Canada (“ **Microsoft Subscription Service** ”), | ||||
| > | the terms and conditions related to your subscription and recurring billing set | ||||
| > | forth in the Microsoft Services Agreement (United States) and Microsoft Services | ||||
| > | Agreement (Canada) apply. To manage your Microsoft Subscription Service, go to | ||||
| > | Microsoft Subscription Service . To manage Microsoft Subscription Services for X | ||||
| > | box (such as Xbox Live Gold and Xbox Game Pass), go to Microsoft Subscription Se | ||||
| > | rvices for Xbox . | ||||
| 264 | |||||
| 265 | Note that for purchases of subscription Products or Services through a work acco | ||||
| > | unt (United States only), the terms and conditions related to your subscription | ||||
| > | and recurring billing set forth in the Microsoft Customer Agreement apply. To ma | ||||
| > | nage subscriptions for such subscription Products and Services, go to the Micros | ||||
| > | oft Admin Center. | ||||
| 266 | |||||
| 267 | Third-Party Subscription Services Billed Through Microsoft . If you acquired any | ||||
| > | other Product or Service through Microsoft Store that is subscription-based and | ||||
| > | for which recurring billing is administered by Microsoft, the following terms a | ||||
| > | nd conditions in this Section 9 of these Terms of Sale apply: Subject to applic | ||||
| > | able law (which for consumers may include the Province of Quebec), when you make | ||||
| > | a purchase on a subscription basis (e.g., weekly, monthly, every 3 months, or | ||||
| > | annually (as applicable)), you acknowledge and agree that you are authorizing re | ||||
| > | curring payment, and payments shall be made to Microsoft by the method you have | ||||
| > | chosen at the recurring intervals chosen by you, until the subscription is termi | ||||
| > | nated by you or by Microsoft or otherwise in accordance with its terms. By autho | ||||
| > | rizing recurring payments, you authorize Microsoft to process such payments as e | ||||
| > | ither electronic debits or fund transfers, or as electronic drafts from your des | ||||
| > | ignated account (in the case of Automated Clearing House or similar payments), o | ||||
| > | r as charges to your designated account (in the case of credit card or similar p | ||||
| > | ayments) (collectively, " **Electronic Payments** "). Subscription fees are gene | ||||
| > | rally billed or charged in advance of the applicable subscription period. If any | ||||
| > | payment is returned unpaid or if any credit card or similar transaction is reje | ||||
| > | cted or denied, Microsoft or its service providers reserve the right to collect | ||||
| > | any applicable return item, rejection or other fees as permitted by applicable l | ||||
| > | aw. | ||||
| 268 | |||||
| 269 | If you are taking part in any trial-period offer, you must cancel the service by | ||||
| > | the end of the trial period to avoid incurring new charges unless we notify you | ||||
| > | otherwise. Subject to applicable law (which for consumers may include the Provi | ||||
| > | nce of Quebec), if you do not cancel the service at the end of the trial period, | ||||
| > | you authorize us to charge your payment method for the Product or Service. | ||||
| 270 | |||||
| 271 | Provided that automatic renewals are allowed in your country, region, province/t | ||||
| > | erritory, or state, certain Products or Services will automatically renew at the | ||||
| > | end of a fixed service period. On the renewal date, we charge you the then-curr | ||||
| > | ent price for the renewal term, unless you choose to cancel the Product or Servi | ||||
| > | ce as described below. We will bill your chosen payment method for the renewal, | ||||
| > | whether it was on file on the renewal date or provided later. You may cancel the | ||||
| > | Product or Service prior to the renewal date to avoid being billed for the rene | ||||
| > | wal. If you cancel an automatic renewal Product after the renewal date, we will | ||||
| > | fulfill the Product or Service through the end of the renewal term, and you will | ||||
| > | not be automatically charged again for that Product or Service. For more inform | ||||
| > | ation about how to cancel a subscription billed through Microsoft, please go to | ||||
| > | Microsoft Subscription Service . We will notify you in advance and in accordance | ||||
| > | with the terms of your subscription of any change in the amount to be charged f | ||||
| > | or recurring subscriptions. | ||||
| 272 | |||||
| 273 | Third-Party Subscription Services Not Billed Through Microsoft . If you acquired | ||||
| > | any Product or Service through the Microsoft Store or otherwise using your Micr | ||||
| > | osoft Account that is subscription-based and for which recurring billing is not | ||||
| > | administered by Microsoft, please see the terms and conditions presented to you | ||||
| > | by the applicable developer or provider that administers the recurring billing f | ||||
| > | or that Product or Service. | ||||
| 274 | |||||
| 275 | **10. Product Availability and Quantity and Order Limits** . Product prices and | ||||
| > | availability are subject to change at any time and without notice. Microsoft may | ||||
| > | place a limit on the quantities that may be purchased per order, per account, p | ||||
| > | er credit card, per person, per household, or per day. If the Products that you | ||||
| > | order are unavailable, we may contact you to offer you an alternative. If you do | ||||
| > | not choose to purchase the alternative Product, we will cancel your order. | ||||
| 276 | |||||
| 277 | Microsoft reserves the right to refuse, reject, cancel, terminate or not to proc | ||||
| > | ess any order (including accepted orders) at any time, refunding you any monies | ||||
| > | you have paid for the order, for reasons which include, but are not limited to, | ||||
| > | if you have not met the conditions specified at the time of the order, if your p | ||||
| > | ayment cannot be processed, if the ordered Products are not available, where the | ||||
| > | price or other material information on the Store is inaccurate or for other err | ||||
| > | ors. In the event of pricing or other errors, we may, in our discretion, either | ||||
| > | (a) cancel your order or purchase or (b) contact you for instructions. In the ev | ||||
| > | ent of cancellation, your access to any associated Digital Content will be disab | ||||
| > | led. | ||||
| 278 | |||||
| 279 | We may disable access to Digital Content associated with your account for any re | ||||
| > | ason. We may also remove or disable Digital Content on your device in order to p | ||||
| > | rotect the Store or potentially affected parties. Some Digital Content may be un | ||||
| > | available from time to time or may be offered for a limited time. Availability c | ||||
| > | an be affected by region. Thus, if you change your account or device profile inf | ||||
| > | ormation to another region, you may not be able to re-download or re-stream Digi | ||||
| > | tal Content that you purchased; you may need to re-purchase Digital Content that | ||||
| > | you paid for in your previous region. Except to the extent required by applicab | ||||
| > | le law, we have no obligation to provide a re-download or replacement of any Dig | ||||
| > | ital Content you purchase. | ||||
| 280 | |||||
| 281 | **11. Updates** . If applicable, Microsoft will automatically check for and down | ||||
| > | load updates to your applications, even if you’re not signed into the Store. You | ||||
| > | can change your settings if you prefer to pause automatic updates to Store apps | ||||
| > | . However, certain Office Store apps that are entirely or partly hosted online m | ||||
| > | ay be updated at any time by the app developer and may not require your permissi | ||||
| > | on to update. Some other apps may not be accessible until you accept an update. | ||||
| > | If you choose not to download or install updates, your applications may no longe | ||||
| > | r be available, supported, or have previous functionality. | ||||
| 282 | |||||
| 283 | **12. Software Licenses and Use Rights** . Software and other Digital Content ma | ||||
| > | de available to you through the Store is licensed, not sold, to you. Application | ||||
| > | s downloaded directly from the Store are subject to the Standard Application Lic | ||||
| > | ense Terms (" **SALT** ") unless different license terms are provided with the a | ||||
| > | pplication. (Applications downloaded from the Office Store are not governed by t | ||||
| > | he SALT and have separate license terms.) | ||||
| 284 | |||||
| 285 | **Digital Content obtained through the Store is subject to the** Usage Rules for | ||||
| > | Digital Goods . **You understand and acknowledge that your rights with respect | ||||
| > | to Digital Content are limited by these Terms of Sale, copyright law and the Usa | ||||
| > | ge Rules for Digital Goods.** Software licenses purchased through the Store are | ||||
| > | subject to the license agreement that accompanies the software, and you will be | ||||
| > | required to agree to the license agreement when you purchase, download, or insta | ||||
| > | ll the software. Any reproduction or redistribution of Digital Content not in ac | ||||
| > | cordance with the relevant license terms, usage rules, and applicable law is exp | ||||
| > | ressly prohibited and may result in severe civil and criminal penalties. Violato | ||||
| > | rs risk prosecution to the maximum extent of the law. | ||||
| 286 | |||||
| 287 | Please contact Microsoft Store support if you would like a copy of the applicabl | ||||
| > | e license agreement or warranty for boxed software, at no cost, before you open | ||||
| > | any software packaging. | ||||
| 288 | |||||
| 289 | **Other Terms and Conditions** . In addition to software and other downloadable | ||||
| > | Products or Digital Content, Microsoft may offer to you other Products and Servi | ||||
| > | ces available in the Store, subject to separate end user license agreements, ter | ||||
| > | ms of use, terms of service, or other terms and conditions. If you purchase, ins | ||||
| > | tall, or use those Products or Services, you may be required to also accept thos | ||||
| > | e terms as a condition of purchase, installation, or use. | ||||
| 290 | |||||
| 291 | **For your convenience, Microsoft may make available as part of the Store or in | ||||
| > | its software or Products, Services, tools, and utilities for use and/or download | ||||
| > | that are not part of the products sold. Except where prohibited by applicable l | ||||
| > | aw (which for consumers may include the province of Quebec), Microsoft disclaims | ||||
| > | all representations, warranties, conditions, and assurances with regard to the | ||||
| > | accuracy of the results or output from any such Services, tools, or utilities.** | ||||
| 292 | |||||
| 293 | Please respect the intellectual property rights of others when using the tools a | ||||
| > | nd utilities made available through the Store, or in any Product. | ||||
| 294 | |||||
| 295 | **13. Codes for Software and Content Downloads** . Certain Digital Content is de | ||||
| > | livered to you through a download link available in your Microsoft account assoc | ||||
| > | iated with your purchase. Subject to the paragraph below, we usually store the d | ||||
| > | ownload link and related digital key for these purchases in your Microsoft accou | ||||
| > | nt for 3 years following the purchase date, but do not promise to store them for | ||||
| > | any particular length of time. For subscription Products that are delivered thr | ||||
| > | ough a download link, different terms and storage rights may apply, which you wi | ||||
| > | ll be able to review and agree to at the time you purchase your subscription. | ||||
| 296 | |||||
| 297 | We may cancel or modify our digital key storage program at any time. You also ag | ||||
| > | ree that we may stop supporting the storage of keys for one or more Products at | ||||
| > | any time and for any reason, including, by way of example, at the end of the Pro | ||||
| > | duct support life cycle, after which you will no longer have access to the downl | ||||
| > | oad link or digital key. If we cancel or modify our program such that you will n | ||||
| > | o longer have access to the download link or digital key(s) in your account, we | ||||
| > | will provide at least 90 days’ advance notice to you using the contact informati | ||||
| > | on for the related Microsoft account. | ||||
| 298 | |||||
| 299 | **14. Pricing** | ||||
| 300 | |||||
| 301 | Certain physical Products may be eligible for price protection. For more informa | ||||
| > | tion about price protection terms and conditions, see Microsoft Store Price Matc | ||||
| > | h & Protection for Surface & Other Devices . Except as described in the previous | ||||
| > | two sentences, the Store does not have a price-match guarantee that provides fo | ||||
| > | r matching the advertised price other retailers offer for the same items. Howeve | ||||
| > | r, if we lower our price on a device Product within 30 days of your purchase, we | ||||
| > | will honor the lower price. If you notice that we have lowered a price on a dev | ||||
| > | ice you recently purchased, please contact Sales and Support and we’ll gladly is | ||||
| > | sue a refund or credit for the difference (if you paid with a credit card, you’l | ||||
| > | l need to use the same card). You must contact Microsoft within 30 days of the p | ||||
| > | rice change to receive the refund or credit. Price reductions/adjustments are no | ||||
| > | t available for clearance items and limited-time price reductions associated wit | ||||
| > | h promotions and/or special sale events including Thanksgiving Day, Black Friday | ||||
| > | , Cyber Monday, or Cyber Week. | ||||
| 302 | |||||
| 303 | We may offer an option to pre-order some Products before their availability date | ||||
| > | . To learn more about our pre-order policies, please see our Pre-Orders page . | ||||
| 304 | |||||
| 305 | Unless stated otherwise, prices shown in the Store exclude taxes or charges (" * | ||||
| > | *Taxes** ") that may apply to your purchase. Prices shown in the Store also excl | ||||
| > | ude delivery costs. Taxes and delivery costs (as applicable) will be added to th | ||||
| > | e amount of your purchase and shown on the check-out page. You are solely respon | ||||
| > | sible for paying such Taxes and costs. | ||||
| 306 | |||||
| 307 | Depending on your location, some transactions might require foreign currency con | ||||
| > | version or be processed in another country. Your bank might charge you additiona | ||||
| > | l fees for conversion or processing services when you use a credit or debit card | ||||
| > | . Please contact your bank for details. | ||||
| 308 | |||||
| 309 | **15. Return Policy.** | ||||
| 310 | |||||
| 311 | Eligible Products . Certain physical Products may be eligible for an extended re | ||||
| > | turn policy. For more information about extended return terms and conditions, se | ||||
| > | e Microsoft Store Refund & Return Policy (Surface, Xbox, etc.) . Except as descr | ||||
| > | ibed in the previous two sentences, we will accept returns and exchanges for eli | ||||
| > | gible Products for 30 days from the date of purchase or download, as applicable. | ||||
| > | Any Product you purchase or download that is not listed below as ineligible, or | ||||
| > | subject to separate return policies or terms, will be considered an eligible Pr | ||||
| > | oduct for purposes of this Section 15. Simply return the eligible Product in lik | ||||
| > | e new condition and in its original packaging, along with all parts, components, | ||||
| > | instruction manuals, and documentation that were initially included. This Retur | ||||
| > | n Policy does not affect any statutory rights that may apply to your purchase. | ||||
| 312 | |||||
| 313 | Packaged software and packaged games must be returned with their seal intact and | ||||
| > | must include all media and product keys. As a limited exception, software and g | ||||
| > | ame packages that have been opened may be returned during the return period if y | ||||
| > | ou are unsatisfied with the license agreement or warranty, but only if you do no | ||||
| > | t make or retain any copies. | ||||
| 314 | |||||
| 315 | Even if you return a Product, including packaged software or packaged games, the | ||||
| > | se Terms of Sale will still apply to the time between your purchase or download, | ||||
| > | as applicable, and return. | ||||
| 316 | |||||
| 317 | When you make a qualifying return, we will credit the full amount you paid, less | ||||
| > | the original shipping and handling charges (if any) except we won’t deduct thos | ||||
| > | e charges for returns because you are unsatisfied with the license agreement or | ||||
| > | warranty, and you will typically receive your refund in approximately 3-5 busine | ||||
| > | ss days. Any refunds will be applied to the same account, and using the same met | ||||
| > | hod of payment, used to place the order (unless you choose a Store credit in the | ||||
| > | amount of the refund). | ||||
| 318 | |||||
| 319 | For complete details on how to return eligible Products, see our Returns and Ref | ||||
| > | unds page. For returns of Products purchased through a work account, please see | ||||
| > | the Refunds and Exchanges page. | ||||
| 320 | |||||
| 321 | Ineligible Products . Some Products are not eligible for return or refund; unles | ||||
| > | s otherwise provided by law or by a particular offer, all purchases of these typ | ||||
| > | es of Products are final and non-refundable. Products ineligible for return and | ||||
| > | refund include, but are not limited to, the following: | ||||
| 322 | |||||
| 323 | - Digital apps, games, in-app content, in-app subscriptions, movies, TV shows, a | ||||
| > | nd associated content **except **Digital Game Products and Microsoft Subscriptio | ||||
| > | n Services (which are subject to the return policies below); | ||||
| 324 | - Third-Party subscription services billed through Microsoft (which are subject | ||||
| > | to the return policy below); | ||||
| 325 | - gift cards and service/subscription cards (e.g., Skype, Xbox Live); | ||||
| 326 | - products that have been personalized or customized; | ||||
| 327 | - special order products, if not part of a Store promotional offering; | ||||
| 328 | - random access memory ("RAM") products; | ||||
| 329 | - services that have been performed or consumed; and | ||||
| 330 | - clearance items or those marked with a designation such as "Final Sale" or "No | ||||
| > | n-Returnable". | ||||
| 331 | |||||
| 332 | Request a Refund on Digital Games . For information on how to request a refund f | ||||
| > | or digital games, Xbox apps (excluding movies and tv apps), digital gaming bundl | ||||
| > | e offers, and digital durable and consumable games, such as games season passes, | ||||
| > | virtual currency, and microtransactions, whether made available through the Xbo | ||||
| > | x console device or on your PC (collectively “ **Digital Game Products** ”), see | ||||
| > | our Request a Refund page: https://support.xbox.com/en-US/help/subscriptions-bi | ||||
| > | lling/buy-games-apps/refund-orders . | ||||
| 333 | |||||
| 334 | Microsoft Subscription Services Refund Policy . For complete details on refunds | ||||
| > | for Microsoft Subscription Services, see Section 9. | ||||
| 335 | |||||
| 336 | Third-Party Subscriptions Billed Through Microsoft . Unless otherwise provided b | ||||
| > | y law or by a particular Service offer, all purchases are final and non-refundab | ||||
| > | le. For more information about third party subscriptions, please go to the retur | ||||
| > | n policies page . | ||||
| 337 | |||||
| 338 | **16. Payments to You** . If we owe you a payment, you will timely and accuratel | ||||
| > | y provide us with any information we need to get that payment to you. You are re | ||||
| > | sponsible for any taxes and charges you may incur as a result of this payment to | ||||
| > | you. To the extent permitted by applicable law, you must also comply with any o | ||||
| > | ther conditions we place on your right to any payment. If you receive a payment | ||||
| > | in error, we may reverse or require return of the payment. You will cooperate wi | ||||
| > | th us in our efforts to do this. We may also reduce a payment to you without not | ||||
| > | ice to adjust for any previous overpayment. | ||||
| 339 | |||||
| 340 | **17. Gift Cards and Skype Credit Vouchers** | ||||
| 341 | |||||
| 342 | Redemption and use of other Microsoft gift cards are governed by the Microsoft G | ||||
| > | ift Card Terms and Conditions | ||||
| 343 | |||||
| 344 | Information on how to redeem Skype credit vouchers is available on Skype’s Suppo | ||||
| > | rt page under ‘How do I redeem my Skype voucher’ here: How do I use Skype vouche | ||||
| > | rs and prepaid cards? | Skype Support . | ||||
| 345 | |||||
| 346 | **18. Customer Service** . Please visit our Microsoft Store Support page for mor | ||||
| > | e information about customer service options: Contact Microsoft Store Support . | ||||
| 347 | |||||
| 348 | ## General Terms | ||||
| 349 | |||||
| 350 | **19. Changing Terms** . Microsoft may change the Terms of Sale at any time and | ||||
| > | without notice to you. The Terms of Sale in force at the time you place your ord | ||||
| > | er will govern your purchase and serve as the purchase contract between us. Befo | ||||
| > | re your next purchase, Microsoft may have changed the Terms of Sale without noti | ||||
| > | ce to you. Please review the Terms of Sale each time you visit the Store. We rec | ||||
| > | ommend that you save or print a copy of the Terms of Sale for future reference w | ||||
| > | hen you purchase a Product. | ||||
| 351 | |||||
| 352 | **20. Age Limitations** . You acknowledge that you are authorized to place an or | ||||
| > | der and to perform any other legal acts required of you under these Terms of Sal | ||||
| > | e. Age limits may apply to your use of the Store, including purchases. | ||||
| 353 | |||||
| 354 | **21. Privacy and Protection of Personal Information.** Your privacy is importan | ||||
| > | t to us. We use certain information that we collect from you to operate and prov | ||||
| > | ide the Store. Please read the Microsoft Privacy Statement as it describes the t | ||||
| > | ypes of data we collect from you and your devices (" **Data** ") and how we use | ||||
| > | your Data. The Privacy Statement also describes how Microsoft uses your communic | ||||
| > | ations with others; postings or feedback submitted by you to Microsoft via the S | ||||
| > | tore; and the files, photos, documents, audio, digital works, and videos that yo | ||||
| > | u upload, store, or share on your devices or through the Store (" **Your Content | ||||
| > | ** "). By using the Store, you expressly consent to Microsoft’s collection, use | ||||
| > | and disclosure of Your Content and Data as described in the Privacy Statement. | ||||
| 355 | |||||
| 356 | **22. Product Display and Colors** . Microsoft attempts to display product color | ||||
| > | s and images accurately but we cannot guarantee that the color you see on your d | ||||
| > | evice screen or monitor will exactly match a Product’s color. | ||||
| 357 | |||||
| 358 | **23. Errors in Store Presentation** . We work hard to publish information accur | ||||
| > | ately, update the Store regularly, and correct errors when discovered. However, | ||||
| > | any of the content in the Store may be incorrect or out of date at any given tim | ||||
| > | e. We reserve the right to make changes to the Store at any time, including to p | ||||
| > | roduct prices, specifications, offers and availability. | ||||
| 359 | |||||
| 360 | **24. Termination of Use or Access** . Microsoft may terminate your account or u | ||||
| > | se of the Store at any time for any reason, including, without limitation, if yo | ||||
| > | u are in breach of these Terms of Sale or the Store Policies, or if the Store is | ||||
| > | no longer operated by Microsoft. By using the Store, you agree to be responsibl | ||||
| > | e (in accordance with these terms) for any orders you make or charges you incur | ||||
| > | prior to such termination. Microsoft may change, discontinue, or otherwise suspe | ||||
| > | nd the Store at any time, for any reason, and without prior notice to you. | ||||
| 361 | |||||
| 362 | **25. Warranties and Limitation of Remedies. Except where prohibited by your app | ||||
| > | licable local law (which for consumers may include the province of Quebec), Micr | ||||
| > | osoft and its suppliers, distributors, resellers, and content providers disclaim | ||||
| > | all express and implied warranties, guarantees, and conditions, including for m | ||||
| > | erchantability, satisfactory quality, fitness for a particular purpose, workmanl | ||||
| > | ike effort, title, or non-infringement. Products or Services sold or available t | ||||
| > | hrough the Store are warranted, if at all, only under any license agreements or | ||||
| > | manufacturer’s warranties that accompany them. Except as provided under an accom | ||||
| > | panying license agreement or manufacturer’s warranty:** | ||||
| 363 | |||||
| 364 | - **Your purchase and use are at your own risk; | ||||
| 365 | |||||
| 366 | ** | ||||
| 367 | - **We provide Products and Services "as is," "with all faults," and "as availab | ||||
| > | le"; | ||||
| 368 | |||||
| 369 | ** | ||||
| 370 | - **You assume the entire risk as to their quality and performance; and | ||||
| 371 | |||||
| 372 | ** | ||||
| 373 | - **Should they prove defective, you assume the entire cost of all necessary ser | ||||
| > | vicing or repair.** | ||||
| 374 | |||||
| 375 | **Microsoft doesn't guarantee the accuracy or timeliness of information availabl | ||||
| > | e from the Store or Services. You acknowledge that computer and telecommunicatio | ||||
| > | ns systems are not fault-free and occasional downtime occurs. We do not warrant | ||||
| > | that access to the Store or Services will be uninterrupted, timely, secure, or e | ||||
| > | rror-free, or that content loss won’t occur.** | ||||
| 376 | |||||
| 377 | **If, despite these Terms of Sale, you have any basis for recovering damages ari | ||||
| > | sing out of or relating to the Store (including the Services), or any Product of | ||||
| > | fered, your exclusive remedy is to recover from Microsoft or its suppliers, rese | ||||
| > | llers, distributors, and content providers direct total damages up to (1) the pr | ||||
| > | ice or fee for one month of any Service, subscription, or similar fee (not inclu | ||||
| > | ding the purchase price for hardware, software, support, or extended warranties) | ||||
| > | , or (2) if you live in (or are a business with your principal place of business | ||||
| > | in) the United States, US $100.00 if there was no Service, subscription, or sim | ||||
| > | ilar fee, or (3) if you live in (or are a business with your principal place of | ||||
| > | business in) Canada, CDN $100 if there was no Service, subscription, or similar | ||||
| > | fee.** | ||||
| 378 | |||||
| 379 | **You may have certain rights under your local law. Nothing in this contract is | ||||
| > | intended to affect those rights, if they apply.** | ||||
| 380 | |||||
| 381 | **26. Limitation of Liability. You agree that you can't recover any other damage | ||||
| > | s or losses, including consequential, special, indirect, incidental, or punitive | ||||
| > | damages, or lost profits. The limitations and exclusions in Sections 25 and 26 | ||||
| > | apply even if you incur damages and even if we knew or should have known about t | ||||
| > | he possibility of the damages. Some states or provinces/territories (which for c | ||||
| > | onsumers may include the province of Quebec) do not allow the exclusion or limit | ||||
| > | ation of incidental or consequential damages, so the above limitation or exclusi | ||||
| > | on may not apply to you.** | ||||
| 382 | |||||
| 383 | To the maximum extent permitted by law, these limitations and exclusions apply t | ||||
| > | o all claims, under any legal theory, related to the Store (including the Servic | ||||
| > | es), these Terms of Sale, or any Product offered, including loss of content, any | ||||
| > | virus or malware affecting your use of the Store or any Product or Service avai | ||||
| > | lable through the Store; and delays or failures in starting or completing transm | ||||
| > | issions or transactions. | ||||
| 384 | |||||
| 385 | **27. 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 ne | ||||
| > | ver have a dispute, but if we do, you and we agree to try for 60 days, upon rece | ||||
| > | ipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we ag | ||||
| > | ree to **binding individual arbitration before the American Arbitration Associat | ||||
| > | ion ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court i | ||||
| > | n front of a judge or jury** . Instead, a neutral arbitrator will decide, and th | ||||
| > | e arbitrator’s decision will be final except for a limited right of review under | ||||
| > | the FAA. **Class action lawsuits, class-wide arbitrations, private attorney-gen | ||||
| > | eral actions, requests for public injunctions, and any other proceeding or reque | ||||
| > | st for relief where someone acts in a representative capacity aren’t allowed. No | ||||
| > | r is combining individual proceedings without the consent of all parties** . "We | ||||
| > | ," "our," and "us" includes Microsoft and Microsoft’s affiliates. | ||||
| 386 | |||||
| 387 | a. **Disputes Covered—Everything Except IP** . The term "dispute" is as broad as | ||||
| > | it can be. It includes any claim or controversy between you and us concerning t | ||||
| > | he Store (including the Products and Services), any advertising, marketing, or c | ||||
| > | ommunications, any Products or Services offered or sold, any purchase transactio | ||||
| > | ns or billing, or these Terms of Sale or Store Policies, under any legal theory | ||||
| > | including contract, warranty, tort, statute, or regulation, **except disputes re | ||||
| > | lating to the enforcement or validity of your, your licensors’, our, or our lice | ||||
| > | nsors’ intellectual property rights** . | ||||
| 388 | |||||
| 389 | 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 arbitr | ||||
| > | ation, you must first send an individualized Notice of Dispute to **Microsoft Co | ||||
| > | rporation, 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 | ||||
| > | ble at http://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 | ||||
| > | with you. The Notice of Dispute is a prerequisite to initiating any arbitration. | ||||
| > | Any applicable statute of limitations will be tolled from the date of a properl | ||||
| > | y submitted individualized Notice of Dispute through the first date on which an | ||||
| > | arbitration may properly be filed under this Section 27. | ||||
| 390 | |||||
| 391 | c. **Small Claims Court Option** . Instead of sending a Notice of Dispute, eithe | ||||
| > | r you or we may sue the other party in small claims court seeking only individua | ||||
| > | lized relief, so long as the action meets the small claims court’s requirements | ||||
| > | and remains an individual action seeking individualized relief. The small claims | ||||
| > | court must be in your county of residence (or, if a business, your principal pl | ||||
| > | ace of business). | ||||
| 392 | |||||
| 393 | d. **Arbitration Procedure** . The AAA will conduct any arbitration under its Co | ||||
| > | mmercial Arbitration Rules (or if you are an individual and use the Store or Ser | ||||
| > | vices for personal or household use, or if the value of the dispute is less than | ||||
| > | $75,000 whether or not you are an individual or how you use the Store or Servic | ||||
| > | es, its Consumer Arbitration Rules). For more information, see www.adr.org or ca | ||||
| > | ll 1-800-778-7879. Section 27 and these Terms of Sale govern to the extent they | ||||
| > | conflict with any applicable AAA rules. To initiate an arbitration, submit the D | ||||
| > | emand for Arbitration form available at http://go.microsoft.com/fwlink/?LinkId=2 | ||||
| > | 45497 to the AAA and mail a copy to us. The form must contain information that i | ||||
| > | s specific to you and your claim. In a dispute involving $25,000 or less, any he | ||||
| > | aring will be telephonic or by videoconference unless the arbitrator finds good | ||||
| > | cause to hold an in-person hearing instead. Any in-person hearing will take plac | ||||
| > | e in your county of residence (or, if a business, your principal place of busine | ||||
| > | ss). The arbitrator may award the same damages to you individually as a court co | ||||
| > | uld. **The arbitrator may award declaratory or injunctive relief only to you ind | ||||
| > | ividually to satisfy your individual claim, but not relief that would affect non | ||||
| > | -parties.** | ||||
| 394 | |||||
| 395 | The arbitrator rules on all issues except that a court has exclusive authority: | ||||
| > | (i) to decide arbitrability, as well as formation, existence, scope, validity, a | ||||
| > | nd enforceability of this arbitration agreement; (ii) to decide whether the part | ||||
| > | ies have complied with the pre-arbitration requirements (including the individua | ||||
| > | lized Notice of Dispute and Demand for Arbitration forms); (iii) to enforce the | ||||
| > | prohibition on class, representative, private attorney-general, or combined acti | ||||
| > | ons or proceedings, or public injunctive relief; and (iv) to enjoin an arbitrati | ||||
| > | on from proceeding if it does not comply with this Section 27. | ||||
| 396 | |||||
| 397 | 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 | ||||
| > | ers, or by lawyers who are coordinating with each other, you and we agree that t | ||||
| > | hese claims will be “Related Cases.” Related Cases may only be filed in batches | ||||
| > | of up to 50 individual arbitrations at a time, and those individual arbitrations | ||||
| > | will be resolved in the following manner: (i) for the first batch, each side ma | ||||
| > | y select up to 25 of these Related Cases to be filed and resolved in individual | ||||
| > | arbitrations under this Section 27; (ii) none of the other Related Cases may be | ||||
| > | filed or prosecuted in arbitration until the first batch of up to 50 individual | ||||
| > | arbitrations is resolved; and (iii) if, after that first batch, the parties are | ||||
| > | unable to informally resolve the remaining Related Cases, a second batch of Rela | ||||
| > | ted Cases may be filed, where each side may select up to 25 of the Related Cases | ||||
| > | to be resolved in individual arbitrations under this Section 27. This process o | ||||
| > | f batched individual arbitrations will continue until the parties resolve all Re | ||||
| > | lated Cases informally or through individual arbitrations. A court has exclusive | ||||
| > | authority to enforce this paragraph, including whether it applies to a given se | ||||
| > | t of claims, and to enjoin the filing or prosecution of arbitrations that do not | ||||
| > | comply with this paragraph. | ||||
| 398 | |||||
| 399 | e. **Arbitration Fees and Payments.** | ||||
| 400 | |||||
| 401 | **i. Disputes Involving Less Than $75,000** . We will promptly reimburse your fi | ||||
| > | ling fees and pay the AAA’s and arbitrator’s fees and expenses if: (i) the dispu | ||||
| > | te involves less than $75,000; and before initiating arbitration (ii) you compli | ||||
| > | ed with all pre-arbitration requirements in this Section 27, including, if appli | ||||
| > | cable, the Related Cases paragraph. Otherwise, the AAA rules will govern payment | ||||
| > | of filing fees and the AAA’s and arbitrator’s fees and expenses. If, at the con | ||||
| > | clusion of the arbitration, the arbitrator awards you more than our last written | ||||
| > | offer made before the arbitrator was appointed, we will: pay you (i) the amount | ||||
| > | of the award or $1,000 (whichever is more); and; (ii) for any reasonable attorn | ||||
| > | ey’s fees you incurred; and any reasonable expenses (including expert witness fe | ||||
| > | es and costs) that your attorney accrued in connection with your individual arb | ||||
| > | itration. | ||||
| 402 | |||||
| 403 | **ii. Disputes Involving $75,000 or More** . The AAA rules will govern payment o | ||||
| > | f filing fees and the AAA’s and arbitrator’s fees and expenses. | ||||
| 404 | |||||
| 405 | f. **Rejecting Future Arbitration Changes** . You may reject any change we make | ||||
| > | to Section 27 (except address changes) by personally signing and sending us noti | ||||
| > | ce within 30 days of the change by U.S. Mail to the address in Section 27.b. If | ||||
| > | you do, the most recent version of Section 27 before the change you rejected wil | ||||
| > | l apply. | ||||
| 406 | |||||
| 407 | g. **Severability** . If, after exhaustion of all appeals, a court finds any par | ||||
| > | t of this Section 27 unenforceable as to any claim or request for a remedy, then | ||||
| > | the parties agree to arbitrate all claims and remedies subject to arbitration b | ||||
| > | efore litigating in court any remaining claims or remedies (such as a request fo | ||||
| > | r a public injunction remedy, in which case the arbitrator issues an award on li | ||||
| > | ability and individual relief before a court considers that request). Otherwise, | ||||
| > | if any other part of Section 27 is found to be unenforceable, the remainder wil | ||||
| > | l remain in effect (with an arbitration award issued before any court proceeding | ||||
| > | begins). | ||||
| 408 | |||||
| 409 | **28. Interpreting These Terms** . All parts of these Terms of Sale apply to the | ||||
| > | maximum extent permitted by the relevant law; you may have greater rights in yo | ||||
| > | ur jurisdiction of residence (or, if a business, your principal place of busines | ||||
| > | s). If a court or arbitrator holds that we can’t enforce a part of these Terms o | ||||
| > | f Sale as written, we may replace those terms with similar terms to the extent e | ||||
| > | nforceable under the relevant law, but the rest of these Terms of Sale won’t cha | ||||
| > | nge. Section 27.g says what happens if parts of Section 27 (arbitration and clas | ||||
| > | s action waiver) are found to be unenforceable. Section 27.g prevails over this | ||||
| > | section if inconsistent with it. Except for Section 27 (arbitration and class ac | ||||
| > | tion waiver), these Terms of Sale are solely for your and our benefit; they aren | ||||
| > | ’t for the benefit of any other person, except for Microsoft’s successors and as | ||||
| > | signs. Other terms may apply if you purchase products or services from other Mic | ||||
| > | rosoft websites. | ||||
| 410 | |||||
| 411 | **29. Assignment** . We may assign, transfer, or otherwise dispose of our rights | ||||
| > | and obligations under these Terms of Sale, in whole or in part, at any time wit | ||||
| > | hout notice to you. You may not assign or transfer any rights under these Terms | ||||
| > | of Sale. | ||||
| 412 | |||||
| 413 | **30. Notices and Communication** . For customer support inquiries, please see t | ||||
| > | he Sales and Support page in the Store. | ||||
| 414 | |||||
| 415 | **31. Choice of Law and Place to Resolve Disputes.** | ||||
| 416 | |||||
| 417 | a. If you are an individual living in the United States or are a business with y | ||||
| > | our principal place of business in the United States, the laws of the state wher | ||||
| > | e you live (or, if a business, where your principal place of business is located | ||||
| > | ) govern all claims, regardless of conflict of laws principles, except that the | ||||
| > | Federal Arbitration Act governs all provisions relating to arbitration. You and | ||||
| > | we irrevocably consent to the exclusive jurisdiction and venue of the state or f | ||||
| > | ederal courts in King County, Washington, for all disputes arising out of or rel | ||||
| > | ating to these Terms of Sale or Store Policies, the Store (including the Product | ||||
| > | s and Services), any advertising, marketing, or communications, any purchase tra | ||||
| > | nsactions or billing, or any products or services offered or sold, that are hear | ||||
| > | d in court (excluding arbitration and small claims court). | ||||
| 418 | |||||
| 419 | b. If you live in (or are a business with your principal place of business in) C | ||||
| > | anada, the laws of the province/territory where you live (or, if a business, whe | ||||
| > | re your principal place of business is located) govern all claims, regardless of | ||||
| > | conflict of laws principles. Subject to applicable law, you and we irrevocably | ||||
| > | consent to the exclusive jurisdiction and venue of the courts in the province of | ||||
| > | Ontario for all disputes arising out of or relating to these Terms of Sale or S | ||||
| > | tore Policies, the Store (including the Products or Services), any advertising, | ||||
| > | marketing, or communications, any purchase transactions or billing, or any produ | ||||
| > | cts or services offered or sold, that are heard in court. | ||||
| 420 | |||||
| 421 | **32. Notices.** a. **Notices and procedure for making claims of intellectual pr | ||||
| > | operty infringement** . Microsoft respects the intellectual property rights of t | ||||
| > | hird parties. If you wish to send a notice of intellectual property infringement | ||||
| > | , including claims of copyright infringement, please use our procedures for subm | ||||
| > | itting Notices of Infringement . All inquiries not relevant to this procedure wi | ||||
| > | ll not receive a response. Microsoft uses the processes set out in Title 17, Uni | ||||
| > | ted States Code, Section 512 to respond to notices of copyright infringement. In | ||||
| > | appropriate circumstances, Microsoft may also disable or terminate accounts of | ||||
| > | users of Microsoft services who may be repeat infringers. | ||||
| 422 | |||||
| 423 | b. **Copyright and Trademark Notices** . All contents of the Store and Services | ||||
| > | are Copyright ©2026 Microsoft Corporation and/or its suppliers and Third Party p | ||||
| > | roviders, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or | ||||
| > | our suppliers and other Third Party providers own the title, copyright, and othe | ||||
| > | r intellectual property rights in the Store, Services and content. Microsoft and | ||||
| > | the names, logos, and icons of all Microsoft Products and Services may be eithe | ||||
| > | r trademarks or registered trademarks of Microsoft in the United States, Canada | ||||
| > | and/or other countries. A list of Microsoft trademarks can be found at Microsoft | ||||
| > | Trademark and Brand Guidelines page. The names of actual companies and products | ||||
| > | may be the trademarks of their respective owners. Any rights not expressly gran | ||||
| > | ted in these Terms of Sale are reserved. | ||||
| 424 | |||||
| 425 | **33. Safety Warning** . To avoid possible injury, discomfort, or eye strain, yo | ||||
| > | u should take periodic breaks from use of games or other applications, especiall | ||||
| > | y if you feel any pain or fatigue resulting from usage. If you experience discom | ||||
| > | fort, take a break. Discomfort might include feelings of nausea, motion sickness | ||||
| > | , dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using a | ||||
| > | pplications can distract you and obstruct your surroundings. Avoid trip hazards, | ||||
| > | stairs, low ceilings, fragile, or valuable items that could be damaged. A very | ||||
| > | small percentage of people may experience seizures when exposed to certain visua | ||||
| > | l images like flashing lights or patterns that may appear in applications. Even | ||||
| > | people with no history of seizures may have an undiagnosed condition that can ca | ||||
| > | use these seizures. Symptoms may include lightheadedness, altered vision, twitch | ||||
| > | ing, jerking or shaking of limbs, disorientation, confusion, loss of consciousne | ||||
| > | ss, or convulsions. Immediately stop using and consult a doctor if you experienc | ||||
| > | e any of these symptoms or consult a doctor before using the applications if you | ||||
| > | ’ve ever suffered symptoms linked to seizures. Parents should monitor their chi | ||||
| > | ldren’s use of applications for signs of symptoms. | ||||
| 426 | |||||
| 427 | **34. Additional Terms for Commercial Purchases (United States only)** . When yo | ||||
| > | u purchase Products or Services through your work account associated with your E | ||||
| > | ntra ID (available in the United States only), your purchase is subject to these | ||||
| > | Terms of Sale and the terms of the Microsoft Customer Agreement that you agreed | ||||
| > | to when you created your Entra ID to set up your work account. For purposes of | ||||
| > | the Microsoft Customer Agreement, any hardware device purchased through a work a | ||||
| > | ccount will be considered a "Product". Microsoft will ship devices to Customer a | ||||
| > | s described at Shipping options, costs, and delivery times - Microsoft Support . | ||||
| > | The following additional terms shall apply for hardware devices purchased throu | ||||
| > | gh a work account for commercial usage: (a) absent Microsoft’s written consent, | ||||
| > | you may not, in any circumstance, make devices available for use by any unrelate | ||||
| > | d third party or resell, lease or transfer for any value any device purchased th | ||||
| > | rough the Microsoft Store; (b) the sole warranty and remedies Microsoft provides | ||||
| > | for hardware is the manufacturer’s limited warranty (if any) applicable to the | ||||
| > | hardware or any protection plan that you may purchase from Microsoft separately, | ||||
| > | as each is described on www.microsoft.com/surface/warranty (or a successor site | ||||
| > | ); (c) each party’s liability to the other for all claims related to each hardwa | ||||
| > | re device is limited to direct damages up to the amount that you paid for that h | ||||
| > | ardware device, subject to the exceptions and terms set out in the "Limitation o | ||||
| > | f Liability" section of the Microsoft Customer Agreement; (d) you will not use t | ||||
| > | he devices in any system, application or situation where failure or fault of any | ||||
| > | kind of the device could reasonably be seen to lead to death or serious bodily | ||||
| > | injury of any person, or to severe physical or environmental damage, and (e) if | ||||
| > | you ship or deliver hardware outside of the country where Microsoft shipped or d | ||||
| > | elivered it to you, you must comply with all applicable laws and regulations rel | ||||
| > | ating to the collection, treatment, recovery, recycling, disposal, and reuse of | ||||
| > | electrical and electronic equipment ("EEE"), batteries, software media, and pack | ||||
| > | aging materials in each such country. Subject to the conditions and limitations | ||||
| > | in the Microsoft Customer Agreement, you agree to defend Microsoft and its Affil | ||||
| > | iates against any third-party claim to the extent it alleges you failed to compl | ||||
| > | y with the requirements in Sections (d) or (e) of this paragraph. | ||||
| 428 | 355 | ||||
| 429 | Back to top | 356 | Back to top | ||
| 430 | 357 | ||||
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