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Plain-English summary
Microsoft operates as an intermediary rather than guaranteeing a service or its uptime. When you share content or subscribe to a third-party application, you extend to Microsoft certain waivers and responsibilities. Pay attention to how free trials convert to paid subscriptions, and know that if you don't engage with the services for long periods, your content could be deleted (cancellation_renewal-1). Microsoft doesn't guarantee uninterrupted service (risk_flags-2) and limits its liability for damages, meaning you can't sue for more than your monthly service fee or $10 (risk_flags-5). Additionally, Microsoft is not responsible for any第三方apps or services you use through its platform, placing all risk and liability on you (risk_flags-1).
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Risks to be aware of
These are the highest severity items we found that you should be aware of. They are not necessarily policy violations, but they are worth understanding prior to accepting the policy.
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Microsoft is not responsible for Third-Party Apps and Services.
Microsoft states that it is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services, and you agree to assume all risk and liability arising from your use of these Third-Party Apps and Services.
Why it matters: You assume all risks and liabilities when using Third-Party Apps and Services through Microsoft's services, and Microsoft will not be responsible for any issues resulting from your use of them or for any information or services provided by them.
You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that Microsoft is not responsible for any issues arising out of your use of them. Microsoft is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.
Using Third-Party Apps and Services, paragraph 1 · Citation strength: strong
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Microsoft does not guarantee service uptime and is not liable for disruptions or data loss.
Microsoft services may be unavailable at times, and Microsoft is not liable for any disruption or loss you may suffer as a result. During an outage, you might not be able to retrieve your stored content or data.
Why it matters: Services may experience disruptions or outages, and Microsoft will not compensate you for any resulting loss. You might temporarily lose access to your data during these periods.
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Microsoft is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored.
Service Availability, paragraph 2 · Citation strength: strong
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Microsoft makes no warranties regarding the Services.
Microsoft, along with its affiliates, resellers, distributors, and vendors, make no warranties, either express or implied, guarantees, or conditions regarding your use of the Services, which are provided "as is" and "as available."
Why it matters: You use the services at your own risk, as Microsoft disclaims all warranties, including implied warranties of merchantability or fitness for a particular purpose, meaning the services are provided without any guarantees of performance or quality.
MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE."
Your exclusive remedy for recovering damages, even if these terms are breached, is limited to the Services fee for the month the loss occurred, or $10.00 if the services are free. You cannot recover other damages like consequential losses or lost profits.
Why it matters: If you suffer any damages, your compensation is limited to the monthly service fee or $10 if the service is free, and you cannot claim other types of damages such as lost profits, even if Microsoft was aware of the possibility of such damages.
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive.
Limitation of Liability, paragraph 1 · Citation strength: strong
Data Use
Policies regarding the collection, use, and sharing of your data and content.
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Microsoft uses your content and data per the Privacy Statement.
By agreeing to these Terms and to the extent permitted by law, you consent to Microsoft's collection, use, and disclosure of your content (communications, postings, files, photos, etc.) and data (data collected from you and your devices) as detailed in the Privacy Statement.
Why it matters: Microsoft will collect, use, and share your content and data, including communications, photos, and device information, according to its Privacy Statement if you agree to these terms.
Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
Your Privacy, paragraph 1 · Citation strength: strong
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Sharing content with others means they can use it globally without compensation.
When you share your content with other people through the Services, they may be able to use, save, record, reproduce, broadcast, transmit, share, and display your content globally without compensating you. Users who don't want this should not use the Services to share their content.
Why it matters: If you share your content on the services, others can use, save, record, reproduce, broadcast, transmit, share, and display it worldwide without paying you. If you don't want this to happen, you should not share your content using these services.
When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content.
Your Content, paragraph 2 · Citation strength: strong
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Microsoft holds a worldwide, royalty-free license to use your content.
You grant Microsoft a worldwide and royalty-free intellectual property license to use your content, for example, to make copies, retain, transmit, reformat, display, and distribute it via communication tools on the Services, to provide and protect the Services and improve their products.
Why it matters: Microsoft obtains a broad license to use your content globally, including making copies, distributing, and displaying it, as needed to provide and improve their services, without paying you any fees for this usage.
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services.
Your Content, paragraph 2 · Citation strength: strong
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Content published broadly online may be used in promotions.
If you publish your content in areas of the Service where it is available broadly online without restrictions, your content may appear in demonstrations or materials that promote the Service.
Why it matters: Your content, if made widely available on the services, could be used in promotional materials or demonstrations for the service.
If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
Your Content, paragraph 2 · Citation strength: strong
Cancellation/Renewal
These findings describe the policies related to canceling services, managing subscriptions, and what happens when an account is closed.
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Account closure leads to loss of access and data deletion.
If your Microsoft account is closed, your right to use it to access services stops immediately. Microsoft will delete or disassociate your data and content from your account, unless legally required to keep, return, or transfer it. You should have a regular backup plan as Microsoft won't retrieve your content or data after closure, and you may lose access to acquired products.
Why it matters: Upon account closure, you lose access to all services immediately. Your data and content will be deleted or disassociated and may not be recoverable, so you should back up your data regularly. You may also lose access to products you've acquired.
If your Microsoft account is closed (whether by you or us), a few things happen. First, your right to use the Microsoft account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your Microsoft account or will otherwise disassociate it from you and your Microsoft account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as Microsoft won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
* iv. **Closing Your Account.**, paragraph 1 · Citation strength: strong
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Microsoft may suspend or close accounts for non-payment, leading to content loss.
Microsoft may suspend or cancel services if full payment is not received on time. This could result in losing access to your account and its content.
Why it matters: Failure to pay on time could lead to your services being suspended or canceled, potentially cutting off access to your account and its content.
We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
Cancelling a service may result in loss of access, content, and potential charges.
When you cancel a service, your access ends at the close of your current service period, or the end of the billing period if billed periodically. You may not receive a refund, might have to pay cancellation charges, could be obligated to pay all previous charges, and may lose access to your account and content.
Why it matters: Canceling a service means your access ends at the current service/billing period, and you might not get a refund. You could still face cancellation charges or be liable for previous unbilled charges, and you might lose access to your account and content.
charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services.
These are policies that are not necessarily privacy risks, but are worth noting and understanding.
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Microsoft reserves the right to charge you for promotional offers if terms are breached.
Microsoft may offer services for a trial period during which you won't be charged. However, Microsoft reserves the right to charge you the normal rate for such services if it determines, in its reasonable discretion, that you are breaching the terms and conditions of the offer.
Why it matters: If you participate in a promotional trial, Microsoft may decide to charge you the full price for the service if they conclude you've violated the offer's terms.
From time to time, Microsoft may offer Services for a trial period during which Microsoft will not charge you for the Services. Microsoft reserves the right to charge you for such Services (at the normal rate) if Microsoft determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.