Release: April 1, 2021 Effective Date: June 15, 2021 Print To press Microsoft-Servicevertrag These terms (“Terms”) apply to your use of Microsoft end user products, websites, and services listed here at the end of these Terms (#serviceslist) (the “Services”). With the possibility of subscribing to, using or ordering the services, Microsoft is making you an offer. By creating a Microsoft account, using the Services, or continuing to use the Services after being notified of a change to the Terms, you agree to these Terms. Because Microsoft will not keep a copy for you, you should read these Terms, print them out, and please keep a copy for your records. If you are a micro-enterprise, small business or non-profit organization, please read Section 15 about the waiver of claims that would otherwise apply to you under the European Electronic Communications Code. protection of your data 1. Protection of your data. Protecting your privacy is important to us. Please read the Microsoft Privacy Policy (https://go.microsoft.com/fwlink/?LinkId=521839) (the "Privacy Policy") - this policy describes the types of data we collect about you and your devices ("Data" ), we collect how we use your data and on what legal basis we process your data. The Privacy Policy also describes how Microsoft uses your content; H. your communications with other people; the Contributions you send to Microsoft through the Services; and the files, photos, documents, audio files, digital works, live streams, and videos that you upload, store, transmit, or share through the Services ("Your Content"). [To the top] your content 2. Your Content. Many of our services allow you to store or send your content or receive materials from others. We do not claim ownership of Your Content. Your Content remains your Content and you are responsible for it. a. If you share your content with other people, you expressly agree that these people are entitled to use, store, record, reproduce your content for the purpose for which you made it available via the services, free of charge and worldwide , send, transmit, share, display and pass on. If you do not want others to be able to do this, do not share your Content through the Services. For the duration of these Terms, you represent and warrant that you own (and will own) all necessary rights in your Content uploaded, stored or shared with others on or through the Services and that the collection, use and preservation of your Content using the Services will not violate any law or violate the rights of others. We strongly encourage you to regularly back up your content. Microsoft cannot be responsible for your content or the materials that others upload, store, or share using our services. b. As necessary to provide the Services to you and others (e.g., by changing the size, shape, or format of your content for better storage or display), to protect you and the Services, and to protect Microsoft products and services to improve your content, you grant Microsoft a worldwide, royalty-free intellectual property license to use your content, e.g. B. to make copies of Your Content or to store, transmit, reformat, distribute using communication tools and display Your Content through the Services. If you post your content in areas of a service where it will be made publicly available or available online without restrictions, your content may appear in demos or materials promoting the service. Some of the Services are supported by advertising. For information about how Microsoft personalizes advertising, visit https://choice.live.com. We do not use what you say in email, chat, video call, or voice mail, or your documents, photos, or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Policy. [top of page] Top of page behaviour rules 3. Code of Conduct. a. Content, materials or actions that violate these terms are not allowed. By agreeing to these terms, you agree to abide by these rules: i. Do not take any unlawful actions. ii. Refrain from any activity that takes advantage of, harms, or threatens to harm children. iii. Don't spam or do phishing. Spam is unwanted or unsolicited bulk email, posts, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is the sending of email or other electronic messages to fraudulently or unlawfully solicit recipients to disclose personally identifiable or confidential information, such as passwords, dates of birth, social security numbers, ID numbers, credit card numbers, financial information, or other sensitive information, or to gain access to accounts or obtain records, documents or other confidential information and payment transactions and/or financially enrich themselves. iv. Do not post or share through the Services any inappropriate content or other material (e.g., depicting nudity, brutality, pornography, offensive language, violent or criminal activity). v. Do not take any action that is fraudulent, false, or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play counts, or affect rankings, ratings, or comments). vi. Do not knowingly circumvent any restrictions on access to or availability of the Services. vii. Refrain from actions that may harm you, the Service or others (such as transmitting viruses, harassing others, posting terrorist or violent extremist content, hate speech or incitement to violence against others). viii. Do not violate the rights of others (e.g. by unauthorized sharing or sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps or photos). ix. Refrain from actions that violate the privacy of others. x. Do not assist anyone who violates these rules. b. Enforcement. We reserve the right to refuse your Content if it exceeds the storage or file size limits allowed for the Service. If you breach any of the obligations under clause 3.a above or otherwise materially breach these Terms, we may take action against you; including where we may stop providing the Services or terminate your Microsoft account without notice for cause, or block delivery of any communication (such as email, file share, or instant message) to or from the Services. We also reserve the right to block or remove your Content from the Service at any time if we become aware that the Content may violate any applicable law or these Terms. Microsoft reserves the right to review your content as necessary to investigate suspected violations of these terms. However, we do not monitor the Services and do not attempt to do so. c. Applicable to Xbox Services. Click here (https://go.microsoft.com/fwlink/?linkid=868531) to learn about the implementation of this code of conduct with respect to games, applications, services and content that Microsoft offers for the Xbox online service, for Xbox Game Pass, Games for Windows Live and Xbox Games Studios. Violation of the Xbox Services Code of Conduct (defined in Section 13.a.i) may result in suspension or suspension from participation in Xbox Services, including forfeiture of Content Licenses, Xbox Gold Membership Time, and Microsoft Account credit, associated with the account. [top of page] Top of page Use of the Services and Support 4. Use of the Services and Support. a. Microsoft-Konto. A Microsoft account is required to use many of the Services. Your Microsoft account lets you sign in to products, websites, and services provided by Microsoft and some Microsoft partners. i. Creating an Account. You can create a Microsoft account by registering online. You agree not to provide any false, inaccurate, or misleading information when signing up for your Microsoft account. In some cases, a third party, such as your internet service provider, may have assigned you a Microsoft account. If your Microsoft account was assigned to you by a third party, that third party may have additional rights related to your account, such as the ability to delete or access your Microsoft account. Please address any additional terms that the third party presents to you, as Microsoft has no responsibility with respect to those additional terms. If you sign up for a Microsoft account on behalf of a legal entity, such as your company or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Microsoft account sign-in information to another user or entity. To protect your account, you must keep your account details and password confidential. You are responsible for all activities related to your Microsoft account. ii. Use of Account. You must use your Microsoft account to keep it active. This means that you must sign in at least once every two years to keep your Microsoft account and associated services activated, if specified in the Microsoft account activity policy at https://go.microsoft.com/fwlink/p/?linkid= 2086738 or in an offer for a paid area of ​​the Services no longer period is provided or unless otherwise stipulated by law. If you don't sign in within this period, we'll assume your Microsoft account is inactive and will close it for you. Please see section 4.a.iv.2 for the effects of closing a Microsoft account. You must sign in to your Outlook.com inbox and your OneDrive at least once a year (separately). Otherwise, we'll close your Outlook.com inbox and OneDrive. You must sign in to the Xbox services at least once every five years to keep the gamertag associated with your Microsoft account. If we have a reasonable suspicion that your Microsoft account is at risk of being used fraudulently by a third party (for example, as a result of an account compromise), Microsoft may suspend your account until you can claim ownership. Depending on the nature of the compromise, we may need to block access to some or all of your content. If you're having trouble accessing your Microsoft account, visit this website (https://go.microsoft.com/fwlink/?LinkId=238656). iii. Minors and Accounts. By creating a Microsoft account or using the Services, you accept these terms and agree to abide by them. You represent that you are either "the age of majority" in the country in which you live or have the consent of a parent or legal guardian to be bound by these Terms on your behalf. If you do not know if you are of legal age in the country where you live or do not understand this section, please do not create a Microsoft account before asking a parent or guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept these Terms as binding and are responsible for supervising the minor's use of the Microsoft account or the Services, including any purchases. This applies regardless of whether the account of the minor has already been opened or will be created at a later date. iv. closing your account. 1. In addition to any cancellation rights under the “Refund Policy” (section 9.g below), you have the right to cancel certain Services or close your Microsoft account at any time without cause. To close your Microsoft account, go to https://go.microsoft.com/fwlink/p/?linkid=618278. If you ask us to close your Microsoft account, you can choose to suspend it for 30 or 60 days if you change your mind. After this 30 or 60 day period, your Microsoft account will be closed. Section 4.a.iv.2 below explains what happens if your Microsoft account is closed. Signing in again during the suspension will reactivate your Microsoft account. 2. If your Microsoft account is closed (by you or us), this will have the following effects: First, your right to use the Microsoft account to access the Services will end immediately. Second, we will delete any data or content associated with your Microsoft account or otherwise disconnect it from you and your Microsoft account (unless we are required by law to keep, return, or transfer it to you or a third party designated by you). You may then no longer be able to access the services (or your content stored on those services) that require a Microsoft account. You should therefore back up your data regularly. Third, you may lose access to products that you have purchased. b. work or school accounts. Certain Microsoft services allow you to sign in with a work or school email address. If you do so, you agree that the owner of the domain associated with your email address can be notified of the existence of your Microsoft account and associated subscriptions, control and administer your account, and access your data, including content your communications and files, and Microsoft may notify the domain owner if the account or data is compromised. You further understand that your use of Microsoft Services may be subject to agreements Microsoft has with you or your organization and these Terms do not apply. If you already have a Microsoft account and you access the services covered by these terms from a separate work or school email address, you may be asked to provide the email address associated with your Microsoft account update to continue accessing the Services. c. Additional Equipment / Data Plans. An Internet connection and/or a data tariff/mobile phone contract is required to use many of the services. You may also need additional equipment such as a headset, camera or microphone. You are responsible for any connections, tariffs, contracts and/or equipment required to use the Services, including fees and charges charged by their providers. These fees are in addition to the fees we charge for the Services. We will not reimburse you for such fees. Find out from the respective provider whether and how much you will be charged. i.e. Service Notifications. In the case of important communications about a service you use, we will send you service notifications and information that we are required by law to provide. If you have given us your email address or phone number in connection with your Microsoft account, we may send you service notifications via email or SMS (text message), including to verify your identity prior to registering your mobile phone number and to confirm your purchases. We may also deliver service notifications to you in other ways (e.g., in-product messages). You may incur data or message charges when receiving SMS notifications. We recommend that you monitor and maintain the email address you provide. If you do not consent to receiving notices electronically, you must stop using the Services. e. Support. Customer support for some Services is available at https://support.microsoft.com. Certain Services may provide separate or additional customer support subject to the terms described at https://www.microsoft.com/support-service-agreement unless otherwise noted. Support may not be available for preview or beta versions of features or services. If you are based in Europe, you also have the option of resolving a dispute via the EU portal for online dispute resolution (https://ec.europa.eu/consumers/odr). Please use the address MSODR@microsoft.com only for the purposes of reference in the complaint form and for no other purpose. f. Termination of Your Services. First, if your Services are terminated (either by you or by us), your right to access the Services will terminate immediately, as will your license to use the software associated with the Services. Second, we will delete any data or content associated with your service or otherwise disconnect it from you and your Microsoft account (unless we are required by law to keep, return, or transfer it to you or a third party you designate). You may then no longer be able to access the Services (or your content that you have stored on those Services). You should therefore back up your data regularly. Third, you may lose access to products that you have purchased. If you canceled your Microsoft account and do not have another account to access the Services, your Services may be deleted immediately. [top of page] Top of page Use of Third Party Apps and Services 5. Use of Third Party Apps and Services. The Services may allow you to access products, services, websites, links, content, materials, games, features, integrations, bots, or applications of independent third parties (other than Microsoft) ("Third Party Apps and Services") or to purchase one. Many of our Services also help you find, make requests about, or interact with third-party apps and services, or allow you to share your content or data. You understand that by using our Services, you direct them to provide you with Third Party Apps and Services. The third-party apps and services sometimes allow you to store your content or data with the publisher, provider, or operator of the third-party apps and services. The third party apps and services may present you with privacy statements or require you to agree to their additional terms before you can install or use that third party's app or service. Section 13.b contains additional terms for Applications acquired through certain stores owned or operated by Microsoft or its affiliates (such as Office Store, Microsoft Store on Xbox, and Microsoft Store on Windows). You should read those terms and third-party privacy statements before purchasing, using, or requesting third-party apps and services, or linking your Microsoft account to them. Third-party terms remain unaffected by any Additional Terms. Microsoft does not license any intellectual property related to third-party apps and services to you. You agree that you assume all risk and responsibility of using any Third-Party Apps and Services and that Microsoft shall not be responsible or liable to you or any other party for any information or services provided by any Third-Party Apps and Services. [top of page] Top of page service availability 6. Service Availability. a. The Services, Apps and Third Party Services, or materials or products offered through the Services, may be unavailable from time to time, may be offered for a limited time only, or may vary by region or device, or by external factors such as your Internet access - or network connection. If you change the location associated with your Microsoft account, you may need to repurchase the products that were available to you and paid for in the previous region. b. We strive to keep the Services up and running. However, they are not offered with a guaranteed quality of service and all online services occasionally suffer from glitches and outages. In the event of an outage or interruption in service, you may be temporarily unable to access your content. It is recommended that you regularly back up the content and data you store on the Services or while using third-party apps and services. [top of page] Top of page Updates to the Services or the Software and changes to these Terms 7. Updates to the Services or the Software and changes to these Terms. a. We will let you know if we intend to change this policy. We have the right to change these terms (i) if this is required by applicable law, e.g. B. has changed this right, (ii) when applicable law advises or requires it, (iii) as the Services evolve, (iv) for technical reasons, (v) due to operational requirements, or (vi) when the Terms change for the benefit of the user. We will notify you of the proposed change before it takes effect, via the user interface, in an email message, or by other appropriate means. We will offer you the opportunity to cancel the Services at least 30 days prior to the effective date of the change. If you use the Services after the effective date of the changes, you agree to the new terms. If you do not agree to the new terms, you must stop using the Services and close your Microsoft account in accordance with Section 4.a.iv. In the notification of the intended change to these provisions, we expressly point this out again. b. We may automatically check your software version - this is necessary to provide the Services, to allow you to download free software updates or configuration changes, and for updating, expanding and developing the Services. You may be required to update the software to continue using the Services. These Terms apply to such updates unless additional or different terms accompany the updates. In this case, these other provisions apply. You may not receive or use the Updates if you do not agree to the additional or different terms applicable to the Updates. Microsoft is under no obligation to provide updates and does not guarantee that we will support the version of the system for which you purchased or licensed the software, apps, content or other products. c. We are continually working to improve the Services, and as such, we reserve the right to change the Services, remove features, or discontinue access to third-party apps and services at any time. This is especially true when our contracts with third parties no longer allow us to provide their material, when it no longer makes sense for us to do so, as technology evolves, or when customer feedback indicates that a change is needed. We will notify you in advance if a change to the Services will result in you no longer having access to your Content. For Paid Services, we will also notify you in advance of other material changes to the Services. Except to the extent required by applicable law, we shall have no obligation to re-download or exchange any Materials, Digital Goods (defined in Section 13.k) or Applications previously purchased. If we terminate a Paid Service, we will refund you a pro-rata amount of the payments you have made in respect of the unpaid portion of the relevant Service at the time of termination. i.e. In order to enable you to use material protected by Digital Rights Management (DRM), such as certain music, games, films, books, etc., the DRM software can automatically connect to an online rights server and download and install DRM updates. [top of page] Top of page software license 8. Software License. If a separate Microsoft license agreement does not apply (as is the case, for example, if you use a Microsoft application that is included with and is a part of Windows and draws on Microsoft's software license terms for the Windows operating system) , the software that we provide to you as part of the Services is governed by these Terms. For applications acquired through certain stores owned or operated by Microsoft or its affiliates (such as Office Store, Microsoft Store on Windows and Microsoft Store on Xbox), Section 13.b.i below applies. a. If you comply with these Terms, we grant you the right to install and use one copy of the Software per device worldwide for use by only one person at a time as part of your use of the Services. Certain devices may be preinstalled with such software for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third party code linked or referenced from this software or website is licensed to you by the third party owner of the code, not Microsoft. Third party code notices, if any, are provided for your information only. b. The software is licensed, not sold, and Microsoft reserves all rights in the software not expressly granted by Microsoft in these terms. This License does not grant, and you are unlawful to, do any of the following: i. Circumventing or circumventing any technological protection measures in or related to the Software or the Services ii. Disassemble, decompile, decipher, hack, emulate, exploit, or reverse engineer any software or any aspect of the Services included in or available through the Services, except and only to the extent that applicable copyright laws expressly permit it iii. Separate the components of the software or services from each other in order to use them on other devices iv. Publish, copy, rent, lease, sell, export, import, distribute, or loan the Software or the Services unless Microsoft expressly permits you to do so v. Transferring the Software, software licenses, or rights to access or use the Services vi. Using the Services in an unauthorized manner that may interfere with another person's use of the Services or access to the Services, data, accounts, or network vii. Allow unauthorized third-party applications to access the Services or modify a Microsoft-authorized device (e.g., Xbox consoles, Microsoft Surface, etc.). [top of page] Top of page Payment Terms 9. Terms of Payment. If you purchase a Service, these Payment Terms apply and you agree to these Payment Terms. a. Fees. If a fee is charged for any portion of the Services, you agree to pay the fee. The price quoted for the Services includes all applicable taxes unless otherwise noted. You are solely responsible for paying any such taxes or other fees. Taxes are calculated based on your location at the time you signed up for your Microsoft account, unless otherwise noted. After notifying you that we have not received a payment on time or in full, we may suspend or terminate the Services if you do not pay the full amount within the time limit set. Suspension or termination of the Services for non-payment may cause you to lose access to your account and its content. If you connect to the Internet through a corporate network or other private network that hides your location, you may incur charges different from the charges shown for your actual location. Depending on your location, some transactions may require foreign currency conversion or be processed in another country. Your bank may charge additional fees for these services if you use a debit or credit card. Please check with your bank. b. your billing account. To pay for a Service, you will be asked to provide a payment method when you sign up for the Service. For all Services except Skype, you can view and change billing information and payment method on the website for managing your Microsoft account (https://go.microsoft.com/fwlink/p/?linkid=618281), and for software and products from Skype please log in to your account portal at https://skype.com/go/myaccount. You agree that Microsoft may use updated account information provided by your issuing bank or payment system, if any. You agree to update your account and other information, including email address and payment method information, in a timely manner so that we can process your transactions and contact you about your transactions if necessary. If you ask us to stop using your payment method and do not provide us with another payment method within a reasonable period of time upon our request, we may suspend or terminate your paid service for cause. A change to your billing account will not affect any charges made by us to the existing billing account until we have had a reasonable opportunity to act on that change. c. Invoice. By offering a payment method to Microsoft, (i) you represent that you are authorized to use the payment method you offer and that any payment information you provide is true and accurate, (ii) you authorize Microsoft to pay you the fees for bill you for the Services or available content using the payment method you specify, and (iii) authorize Microsoft to bill you for any paid features of the Services for which you have registered or use, for so long these provisions apply. As described, we may bill you for subscription services (a) in advance, (b) at the time of purchase, (c) shortly after purchase, or (d) on a recurring basis. We may charge you up to the amount that you authorize, we will notify you in advance of any change in the amount we charge for subscription services that renew automatically, and if there is a price change, we will provide you with an opportunity to continue using the services cancel before the price changes. We may simultaneously bill you for multiple prior billing periods that have not yet been processed. i.e. Regular Payments. If you purchase the Services on a subscription basis (e.g., monthly, quarterly, or annually), you agree to make periodic payments to Microsoft using your payment method of choice at such intervals until the subscription to the Service is terminated by you or Microsoft is terminated. You must cancel your Services prior to your next billing date to avoid being billed for continued use of the Services. We will provide you with instructions on how to cancel the Services. By authorizing recurring payments, you authorize Microsoft to store your payment method and process those payments as electronic debits or wire transfers or electronic collections from your designated account (if processing payments through automated clearing houses or the like) or debits from your designated account (if paying by credit card or similar) (collectively referred to as “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If a payment is returned unpaid, or if a credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect applicable chargeback, rejection, or insufficient funds fees and process such payments as Electronic Payments. e. Online statement and errors. For all Services except Skype, Microsoft will provide you with an online statement for your billing account on the Microsoft account management website (https://go.microsoft.com/fwlink/p/?linkid=618284) for you to view and print . You can obtain online statements from Skype by logging into your account at www.skype.com (https://www.skype.com). This is the only invoice you will receive from us. The availability of a VAT invoice depends on the service and country. If your invoice contains an error, we will review it upon notification (or discover it ourselves) and correct it promptly. We recommend that you notify us of an apparent error in your statement within 120 days, as it is easier for us to make corrections within this period. In this context, you can also contact customer service at any time as described in Section 4.e. f. Refund Policy. You can cancel – with or without reason – within a cancellation period (“Cancellation Period”) of 14 (fourteen) days from the date of purchase. If the Service was partially provided at the time of termination, you will receive a prorated refund. The cancellation period ends as soon as the service has been made available to you in full; after that, the purchase cannot be refunded to you. If you buy digital content from us, you forfeit your right of withdrawal as soon as you start the download process. Unless otherwise required by law or a specific service offering, all purchases are final and non-refundable. If you are eligible for a refund, for all Services except Skype, you can find information and instructions on how to cancel a Service and request a refund using our cancellation form on the Microsoft account management website (https://go.microsoft .com/fwlink/p/?linkid=618284). In the case of Skype, the information provided here (https://go.microsoft.com/fwlink/p/?linkid=618286) for completing the withdrawal form applies. If you believe that Microsoft has invoiced you in error, you must contact Microsoft and we will review the invoice. If we issue a refund or credit, it does not obligate us to provide the same or a similar refund in the future. This Refund Policy does not affect any rights under applicable law. For more information about refunds, see Help Topic (https://go.microsoft.com/fwlink/p/?linkid=618283). G. Canceling the Services. You may cancel the Services by visiting your Microsoft account's Services and Subscriptions management page (https://account.microsoft.com/) or by contacting Customer Service as described in Section 4.e above. By terminating the paid Services, you will not be charged any further fees for continued use of the Services. Before doing so, please double-check the offer describing the Services as (i) you may not be eligible for a refund at the time of termination, (ii) you may be required to pay termination fees, (iii) you may be required to , pay any fees charged to your billing account for the Services prior to the date of termination, and (iv) you may lose access to your account if you terminate the Services. Your data will be processed as described in Section 4 above. Upon termination, your Services will terminate at the end of the current service period or (if the Service is billed on a regular basis) at the end of the period during which you terminated. If you initiate a chargeback or cancellation for payment of Services with your bank, you will be deemed canceled at the time of the original payment and you authorize us to immediately cancel your Service and/or revoke any Content provided to you in exchange for a such payment has been made available. H. Trial Period Offers. If you participate in a trial period offer, you may need to cancel the trial services within the period notified to you when you accepted the offer to avoid being charged further for the services at the end of the trial period. i. promotional offers. From time to time Microsoft offers Services for a trial period during which Microsoft will not charge you for the Services. Microsoft reserves the right to charge you for these services (at the normal price) if you do not comply with the terms of the offer. j. price changes. If your service offering has a fixed term and price, then that price applies to that term. If you wish to continue using the Services thereafter, you must agree to a new offer and price. If your Services are provided periodically rather than for a specific period of time (e.g. monthly) and it is not a trial offer, we may change the price of the Services to reflect the increased cost of providing the Services when we add new or improved Service features, or in response to market changes (for example, due to labor costs, currency fluctuations, tax/regulatory changes, inflation, license fees, or infrastructure and administrative costs). We will inform you at least 30 days before the price change takes effect. You will be given the opportunity to cancel the Services in accordance with clause 9.h above before the price changes. When we notify you of a price change, we will also tell you the reason for the price change and its scope, and that the new price will take effect if you do not cancel the Services. We also remind you how to cancel the Services. k. payments to you. In the event that we owe you a payment, you agree to provide us with all information necessary for us to make the payment to you in a timely and clear manner. You are responsible for any taxes and fees you may incur as a result of the payment. In addition, you must comply with any other terms we may set for your right to receive payments. If you receive a payment in error, we may reverse the payment or request a refund of the payment. You agree to cooperate with us in our efforts to do so. In addition, we may reduce payment to you without notice to make up for a previous overpayment. l. late payment. If you are late in making a payment, you must pay our reasonable costs to collect any overdue amounts, including attorneys' fees or other legal costs, to the extent permitted by applicable laws and regulations. We may suspend or terminate your Services if you fail to pay all amounts in full and on time, after receiving a reminder from us - with a threat of suspension and/or termination of the Services - asking you to pay within a reasonable period of time. You can avoid suspension or termination if you make the required payment within the reasonable time specified in the reminder. If the missing amount is only minor, a different procedure applies. Missing amounts of less than 2 percent of the total invoice value are always considered minor. Suspension or termination of the Services for non-payment may result in loss of access to your Microsoft account. m. gift cards. The redemption and use of gift cards (excluding Skype gift cards) is governed by the Microsoft Gift Card Terms (https://support.microsoft.com/help/10562/microsoft-account-gift-card-terms-and- conditions). For information about Skype Gift Cards, see the Skype Help Page (https://go.microsoft.com/fwlink/?LinkId=615383). n. Payment processing via bank account. You can specify an appropriate bank account as a payment method in your Microsoft account. Eligible bank accounts are accounts held with a financial institution capable of receiving direct debits (e.g. a financial institution in the USA that supports the ACH ("Automated Clearing House") scheme, a financial institution in Europe that supports the SEPA ( "Single Euro Payment Area") direct debit or in the Netherlands "iDEAL" transfers). The terms that you accept when you add your bank account (in the case of SEPA, for example, the "SEPA Mandate") as a payment method to your Microsoft account also apply. You represent and warrant that the bank account you provide is held in your name and that you are authorized to register and use that bank account as a payment method. By providing or selecting your bank account as a payment method, you authorize Microsoft (or its agent) to initiate one or more direct debits from your bank account (and, if applicable, one or more) for the total amount of your purchase or subscription fee (subject to the terms of your subscription service). crediting your bank account to correct errors, refund amounts or the like), and you authorize the financial institution holding the account to make such debits and credits. You understand that this authorization will remain in effect until you delete your bank account information from your Microsoft account. If you suspect that an incorrect booking has occurred, please contact customer support immediately as described in clause 4.e. The laws of your country may limit your liability for fraudulent, erroneous or unauthorized transactions through your bank account. By providing or choosing a bank account as a payment method, you confirm that you have read, understood and accept these terms. [top of page] Top of page Contracting company, choice of law and jurisdiction 10. Contracting company, choice of law and place of jurisdiction. If you live (or have your principal place of business there as a business) in the European Union, Iceland, Liechtenstein, Norway, Switzerland or the United Kingdom and use free or paid Services, Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown , Dublin 18, Ireland (registered with the Companies Registration Office in Ireland under number 256796, VAT number IE 8256796 U and registered address at 70 Sir John Rogerson's Quay, Dublin 2, Ireland) the contracting company. The laws of Ireland will apply to all claims relating to the Free and Paid Services. This is without prejudice to your rights under the consumer protection laws of the country in which we offer the Services to you and in which you have your habitual residence (or, if you are a company, your principal place of business). You and Microsoft agree that the courts in the country in which we offer the Services to you and in which you have your habitual residence (or, if you are a company, your principal place of business), will have jurisdiction over any dispute arising out of or relating to these Terms . Alternatively, you can choose the competent court in Ireland. [top of page] Top of page Warranties 11. Warranties. As a consumer, you have certain legal rights. These rights require Microsoft, among other things, to provide the Services with reasonable care and skill. Nothing in these Terms shall limit or exclude our liability for any breach by Microsoft of this obligation. EXCEPT IN CASES IN WHICH DEFECTS ARE ILLEGAL, HIDDEN OR DEFECTS MAKE THE USE OF THE SERVICES IMPOSSIBLE, AND EXCEPT FOR PAID SKYPE PRODUCTS, ALL SERVICES ARE PROVIDED ON AN "AS IS", "WITH NO WARRANTY TO BE ERROR-FREE" AND "AS AVAILABLE". WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU ACKNOWLEDGE AND ACCEPT THAT COMPUTERS AND TELECOMMUNICATIONS SYSTEMS ARE NOT ERROR FREE AND THAT OCCASIONAL FAILURES MAY OCCUR. WE CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RETAIL PARTNERS, DISTRIBUTORS AND SUPPLIERS MAKE NO CONTRACTUAL WARRANTIES OR REPRESENTATIONS. YOU HAVE ALL IMPLIED WARRANTIES, BUT WE MAKE NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP AND NON-INFRINGEMENT. [top of page] Top of page Limitation of Liability 12. Limitation of Liability. a. Microsoft is not responsible for your content, your materials, or any third-party materials of any kind, including links to third-party sites and user-contributed activities. This content and activities are not attributable to Microsoft and do not represent the opinions of Microsoft. b. Microsoft is only liable if a material contractual obligation or statutory obligation under applicable law has been breached. c. Microsoft, its indirect representatives and/or its legal representatives shall not be liable for any indirect damage, including financial loss such as lost profits, unless Microsoft, its indirect representatives and/or its legal representatives acted at least with gross negligence or with intent. i.e. The limitation of liability does not affect Microsoft's statutory strict liability, including statutory liability for breach of warranty. The same applies to the liability of Microsoft, its indirect representatives and/or their legal representatives in the event of fraud or their negligence resulting in injury to the body or health of any person or death. e. Microsoft will not be responsible or liable for any failure or delay in performance of any of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Microsoft's reasonable control (e.g., labor disputes, acts of God, war, acts of terrorism, acts, malicious damage to property, accident, or compliance with applicable law or a governmental request). Microsoft makes every effort to minimize the impact of such events and to honor the obligations unaffected. [top of page] Top of page Service-Specific Terms 13. Service-Specific Terms. The provisions before and after Clause 13 apply generally to all Services. This section contains service-specific terms that apply in addition to the general terms. When general and service-specific terms conflict, the service-specific terms control. [top of page] Top of page Xbox a. Xbox. i. Personal non-commercial use. The Xbox online service, Xbox Game Studios (https://www.xbox.com/xbox-game-studios) games (including Mojang Games), applications, subscriptions (e.g. Xbox Game Pass for PC, Xbox Game Pass for the console, Xbox Game Pass Ultimate), services (e.g., Xbox Live), and content provided by Microsoft (collectively, the “Xbox Services”) are for your personal and non-commercial use only. ii. Xbox Services. When you register for and receive Xbox Services, information about gameplay, activity, and usage of games and Xbox Services is tracked and shared with appropriate third-party game developers for Microsoft and the third-party game developers to operate their games and deliver the Xbox Services be able. If you link your Microsoft Xbox Services account to your account on a non-Microsoft ("Third Party") service, or connect to a third party service (i.e., non-Microsoft game, app, and service provider) through your Xbox Services account access, you agree that (a) Microsoft may share certain account information (such as gamertag, gamerscore, game progress, game history, and friends list) with the third-party as described in the Microsoft privacy statement, and (b) if by your Xbox privacy settings also allows the third party to have access to your content from in-game communications when you are signed in to your third party account. In addition, if your Xbox privacy settings allow, Microsoft may post your name, gamertag, gamerpic, motto, avatar, gameplay footage, and games you've played in communications to those you allow. iii. your content. To build the Xbox Services community, you grant to Microsoft, its affiliates and sublicensees the free, worldwide right to use your Content or your name, gamertag, gamerpic, motto, or avatar that you post to any Xbox Services have to use, modify, reproduce, distribute, transmit, share and display in whole or in part, regardless of the material and medium and in any way. iv. game manager. Some games may employ game managers, ambassadors and hosts. Game masters and hosts are not authorized spokespersons for Microsoft. Your views do not necessarily reflect those of Microsoft. v. Xbox Use by Minors. If you are a minor using the Xbox Services, your parent or guardian may have control over many aspects of your account and may receive reports about your use of the Xbox Services. vi. Game currency or virtual goods. The Xbox Services may include virtual in-game currency (such as gold, coins, or points) that may be purchased by or on behalf of Microsoft with real-world monetary instruments if you are of legal age in your country of residence. The Xbox Services may also contain virtual digital items or goods that can be purchased by or on behalf of Microsoft with real monetary instruments or in-game currency. Game Currency and Virtual Goods can never be converted back into actual monetary instruments, merchandise or other items of monetary value from Microsoft or any other party. Except for a limited, personal, revocable, non-transferable, non-sublicensable license to use the Game Currency and Virtual Goods solely on the Xbox Services, you have no right or interest in any such Game Currency or Virtual Goods in connection with any Xbox Game(s). or apps appearing on or originating from the Xbox Services, or any other attributes associated with or stored on the use of the Xbox Services. Microsoft may change its offering of game currency or virtual goods from time to time. vii. software updates. For a device that can connect to the Xbox services, we may also automatically check your version of the Xbox console software or Xbox app software and download software updates or configuration changes for the Xbox console or Xbox app those that prevent you from accessing the Xbox services, using unauthorized Xbox games or Xbox apps, or using unauthorized hardware peripherals in connection with an Xbox console. viii. Gamertag expiration. You must sign in to the Xbox Services at least once in a five-year period or you may lose access to the gamertag associated with your account, and the gamertag may then be assigned to other users. ix. Cheat and manipulation software. We may automatically scan a device that can connect to the Xbox Services for unauthorized hardware or software that facilitates cheating or tampering in violation of the rules of conduct in these Terms. We may download Xbox app software updates or configuration changes, including those that prevent you from accessing the Xbox Services or using unauthorized hardware or software that enables cheating or tampering. [top of page] Top of page Store b. Store. „ Store" refers to a service that offers you the opportunity to search, download, purchase, rate and write a review of applications (the term "applications" includes games) and other digital content. These terms cover use of certain stores owned or operated by Microsoft or its affiliates (including, but not limited to, the Office Store, the Microsoft Store on Windows, and the Microsoft Store on Xbox). " Office Store" means a store for Office products and apps for Office, Microsoft 365, SharePoint, Exchange, Access and Project (version 2013 or later) or any other concept under the Office Store brand. " Microsoft Store on Windows" means a Store owned and operated by Microsoft or its affiliates for Windows devices, such as smartphones, PCs and tablets, or any other concept under the Windows Store brand, available on Windows devices such as smartphones , PCs or tablets. " Microsoft Store on Xbox" means a Store owned and operated by Microsoft or its affiliates and made available on Xbox consoles, or any other concept under the Microsoft Store brand made available on Xbox consoles becomes. i. License Terms. We indicate the publisher of each application available in the corresponding store. Unless other license terms accompany the application, the standard application license terms ("SALT") at the end of these terms constitute the agreement between you and the publisher governing the license terms for an application that you download from any store (other than the Office Store). Download is owned and operated by Microsoft or its affiliates. Again, these terms apply to the use and delivery of Microsoft services. However, Section 5 of these Terms applies equally to any Third Party Apps and Services purchased through the Store. Applications downloaded through the Office Store are not covered by the standard application license terms; separate license terms apply to such applications. ii. updates. Microsoft automatically checks for updates to your applications and automatically downloads them, even if you're not signed in to the appropriate store. You can change your store or system settings if you prefer not to have store apps updated automatically. However, certain applications from the Office Store, hosted fully or partially online, may be updated at any time by the developer of the application and may not require your consent. iii. ratings and reviews. If you provide a rating or review for an Application available in the Store or other Digital Goods, you may receive emails from Microsoft containing content from the publisher of the Application or Digital Goods. Such emails come from Microsoft; we do not share your email address with publishers of the Applications or Digital Goods you purchase through the Store. iv. security warning. To avoid physical damage and discomfort or eye strain, you should take regular breaks from playing games or other applications, especially when you experience pain or fatigue. If discomfort occurs, discontinue use. Symptoms may include nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain or dryness. Using the applications can distract you and affect your surroundings. Be aware of trip hazards, steps, low ceilings, and fragile or valuable items that could be damaged. A very small number of people may experience seizures when presented with certain visual images, such as flashing lights or patterns that may appear in applications. Even people who have never had seizures in the past are at risk of having an undetected disposition that could cause such seizures. Symptoms include dizziness, blurred vision, twitching or tremors of the limbs, disorientation, confusion, loss of consciousness or convulsions. Stop using the Applications immediately and consult a doctor if you experience any of these symptoms, or consult a doctor before using the Applications if you have ever had symptoms associated with seizures. Parents should supervise their children when using applications and watch for signs of symptoms. [top of page] Top of page Microsoft Family-Features c. Microsoft Family-Features. Microsoft Family Features, including Microsoft Family Safety, create trust and security for parents and children by enabling them to agree on behaviors, websites, apps, games, places and spending money that provide the right framework for their own family. Parents can create a family at https://account.microsoft.com/family (or as described in the Windows device or Xbox console instructions) and invite children or other parents to join the family. There are many features available to Family Members, so please pay close attention to the information displayed when creating or joining a Family and when purchasing Digital Goods you want the Family to have access to. When you create or join a family, you agree to use the family for its intended purpose and not to use it illicitly to gain improper access to information about others. [top of page] Top of page group messages i.e. group messages. Various Microsoft services allow you to send voice messages or text messages ("Messages") to other people and/or allow Microsoft and Microsoft-controlled affiliates to send such messages to you and to one or more other users on your behalf . IF YOU AUTHORIZE MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATED COMPANIES TO SEND SUCH MESSAGES TO YOU OR OTHERS, YOU REPRESENT AND WARRANT THAT YOU AND ANY PERSON TO WHOM WE SEND MESSAGES ON YOUR BEHALF OF RECEIVING SUCH MESSAGES AND ANY RELEVANT ADMINISTRATIVE INFORMATION CONSENT TO SMS FROM MICROSOFT AND AFFILIATES UNDER MICROSOFT'S CONTROL. " Administrative SMS" are routine transactional messages from a specific Microsoft service, such as a "welcome message" or instructions on how to opt out of receiving messages. You or Group Members who do not wish to receive such communications in the future may opt-out of receiving future communications from Microsoft or affiliates under Microsoft's control at any time as described in the Instructions. You agree that if you no longer wish to receive such messages or participate in a group, you will follow the appropriate instructions for the relevant program or service. You agree to remove any group member from the group who you believe will no longer receive such messages or no longer wish to participate in the group. You also represent and warrant to us that anyone to whom we message on your behalf understands that each group member is responsible for the cost of any message rates imposed by their mobile network operator, including any international message rates that may apply when messages are sent from USA numbers will be sent. [top of page] Top of page Skype, Microsoft Teams and GroupMe e. Skype, Microsoft Teams and GroupMe. i. Emergency services. There are key differences between traditional mobile or landline phone services and Skype, Microsoft Teams, and GroupMe. Microsoft is under no obligation to provide access to emergency services for Skype, Microsoft Teams, and GroupMe (other than Skype to Phone, as described below) under any applicable local or national rule, regulation, or law. Skype's software and products are not intended to support or conduct emergency calls to hospitals, police, medical centers or any other agency that connects a user to emergency services personnel or public emergency call centers (“Emergency Services”). Only the Skype to Phone feature can support emergency calls, i.e. H. calling emergency services, in a very limited number of countries and only on certain versions or platforms of the Skype software. Details on the availability and configuration of this feature can be found here: https://www.skype.com/go/emergency. When an emergency call is made using Skype to Phone, you must provide information about your physical location so that emergency services can respond. Microsoft does not guarantee the handling of emergency calls. For more information on calling 112, the EU emergency number, visit www.skype.com/go/emergency. ii. Changes to paid Skype products. If we make changes to the Skype Paid Products that adversely affect you, we will notify you at least thirty (30) days before the changes become effective and your right to stop using the affected product before the changes take effect . If you do not stop using the product before the changes take effect, you agree to the changes. We will expressly inform you of this fact when we notify you accordingly. iii. APIs oder Broadcasts. If you wish to use Skype in connection with a Broadcast, you must comply with the "Broadcast Terms of Use" located at https://www.skype.com/go/legal.broadcast. If you choose to use any application program interface ("API") made available by Microsoft, you must comply with the applicable license terms available at www.skype.com/go/legal. iv. Fair Use Guidelines. Fair usage guidelines may apply to your use of Skype software and products. Review this policy, which is designed to prevent fraud and abuse and may limit the type, duration, or volume of calls or communications you may receive. These policies are incorporated herein by reference. You can find these policies at https://www.skype.com/go/terms.fairusage. v. Mapping. Skype software and products include features that allow you to submit information to a mapping service or put yourself on a map using a mapping service. By using these features, you agree to these Terms and the Google Maps Terms of Service available at https://www.google.com/intl/en_ALL/help/terms_maps.html. vi. Personal non-commercial use. Skype software and products are for your personal and non-commercial use. You are permitted to use Skype at work for your own business communications. vii. Skype Numbers/Skype To Go Numbers. If Microsoft provides you with a Skype or Skype To Go number, you agree that you do not own or have any right to keep such number forever. In certain countries, your number may not be provided by Microsoft but may be provided by a Microsoft partner, and you may need to enter into a separate contract with that partner. For more information about the Skype Number, see https://go.skype.com/home.skype-number. viii. Skype Manager. When you create and manage a "Skype Manager Administrator Account", you are acting as an administrator of a Skype Manager group and not as a corporate entity. You may link your personal Microsoft account to a Skype Manager group (“Linked Account”). You may appoint additional Skype Manager Administrators subject to their agreement to these Terms. If you assign Skype Numbers to a Linked Account, you are responsible for complying with the residency or whereabouts requirements of users of your Linked Accounts. If you unlink a Linked Account from a Skype Manager Group, any associated subscriptions, Skype Credit or Skype Number will no longer be retrievable and you will no longer be able to access the content or materials associated with the account to which the link is linked was repealed. You agree to process personal data of users of your Linked Account in compliance with all applicable data protection laws. ix. Skype Fees and Refunds. The cost of calls to non-subscription phones consists of a connection fee (billed once per call) and a per-minute rate (see www.skype.com/go/allrates). The cost of calls will be deducted from your Skype credit. Microsoft may change the tariffs for calls to non-subscription phones and premium rate numbers. If the changes are material and not to your advantage (e.g., if we increase fares), we will notify you by email or other appropriate means at least 30 (thirty) days before the fare changes take effect. After thirty (30) days, the new rates will apply to your next call. Visit www.skype.com/go/allrates for current rates. If you do not accept the new tariffs, you should not make any calls. Fractional minutes and fractional currency charges will be rounded up to the nearest full minute or currency minimum value. All prices for Skype Paid Products are inclusive of applicable taxes, including VAT, unless otherwise noted. Sales tax is calculated based on the billing address provided. You expressly waive your right to a VAT refund from Microsoft if, for any reason whatsoever, the amount ultimately payable by Skype to the tax authorities is less than the amount of VAT withheld by you. Paid Skype products are not available to customers from the following regions or territories: Mount Athos, Canary Islands, French Overseas Departments, Helgoland Island, Busingen Region, Ceuta, Melilla, Livigno, Campione d'Italia and part belonging to the Italian Territory of Lake Lugano. By using a paid Skype product, your cancellation period expires and your purchase cannot be canceled or refunded. Issuing Skype Credit, assigning a Skype Number or using a subscription counts as “full provision” and/or “use” of a Skype paid product. You expressly agree that Skype Numbers may be assigned prior to the end of the Cooling Off Period and are non-refundable once assigned. Outside the cooling-off period, only subscriptions that have not yet been used or have not yet expired can be reimbursed under these provisions. The cooling off period and refunds do not apply to paid Skype products that were (i) purchased through an independent partner, (ii) paid for in cash through third party payment providers (such as Cash Payment Wallet), (iii) not purchased directly online from Microsoft (e.g. vouchers or prepaid cards) or (iv) assigned to your account by a third party. Notwithstanding the foregoing, if you switch your Skype Number to another provider, you may be entitled to a refund of any prepaid subscription credit under applicable law. x. Skype Credit. Microsoft does not guarantee that you can use your Skype Credit to purchase any paid Skype product. If you don't use your Skype Credit for a period of 180 days, Microsoft will set the status of your Skype Credit to inactive. You can reactivate Skype Credit using the following link: https://www.skype.com/go/store.reactivate.credit. To purchase Skype Credit, you can enable the auto-recharge feature by checking the appropriate box. If you activate the feature, each time the balance of your Skype account falls below the limit set by Skype from time to time, your Skype credit will be topped up with the amount you have chosen via the payment method you have chosen. If you purchased a subscription using a payment method other than credit card, PayPal or Moneybookers (Skrill) and you turn on the Auto-Recharge feature, your Skype Credit will be topped up with the amount needed to pay the next subscription payment due. You can turn off the Auto-Recharge feature at any time by changing the setting in your account portal in Skype. xi. International Message Fees. GroupMe and Microsoft Teams currently use USA numbers for each group created. Each text message sent or received from a GroupMe or Microsoft Teams number counts as one international text message sent to or received from the United States. Please clarify the corresponding international tariffs with your provider. [top of page] Top of page Bing and MSN f. Bing and MSN. i. Materials on Bing and MSN. The articles, text, photos, maps, videos, video players, and third-party materials made available on Bing and MSN, including through Microsoft bots, applications, and programs, are for your non-commercial, personal use only. Other uses, such as downloading, copying, or redistributing these materials, or using the materials or products to create your own products, are permitted only as expressly authorized by Microsoft or its copyright owners or as permitted under applicable copyright law. Microsoft or any other copyright owner reserves all rights in the Materials not expressly granted under the license terms by Microsoft. ii. Bing Maps. You may not use any aerial view imagery of the United States, Canada, Mexico, New Zealand, Australia or Japan for government use without our specific written permission. iii. Bing Places. When you make your data or content available on Bing Places, you grant Microsoft a worldwide, royalty-free intellectual property license to use, reproduce, store, combine, advertise, transmit, display, or distribute as part of a Service, and the right to sublicense any such intellectual property Third Party Rights. [top of page] Top of page Cortana g. Cortana. i. Personal non-commercial use. Cortana is a Microsoft service, a personal assistant. The features, services, and content provided by Cortana (collectively, the “Cortana Services”) are for personal, non-commercial use only. ii. functionality and content. Cortana offers a range of features, some of which are personalised. Cortana services may enable you to access services, information, or features provided by other Microsoft services or by third-party apps and services. The service-specific terms of Section 13 also apply to your use of applicable Microsoft services that you access through Cortana Services. Cortana is providing information to you solely for planning purposes, and you should make your own judgments upon receiving such information and not blindly rely on it. Microsoft does not warrant the reliability, availability, or timeliness of the personalized interactions provided by Cortana. Microsoft is not responsible if a Cortana feature is slow to respond or prevents you from receiving, reading, or sending any communication or notification, or obtain any service. iii. Third Party Apps and Services. In providing the Cortana Services, Cortana may suggest and assist you in interacting with third-party apps and services (third-party Skills or connected services). In providing the Cortana Services, Cortana may exchange information such as For example, your zip code, queries, and responses returned by the third-party apps and services are used with third-party apps and services to help you obtain the requested services. Cortana may enable you to make purchases through third-party apps and services using the account settings you set up directly for the applicable third-party apps and services. You can disconnect your Cortana service from third-party apps and services at any time. Your use of Cortana Services to connect to Third Party Apps and Services is subject to Section 5 of these Terms. Publishers of third-party apps and services may change or discontinue the functionality or functionality of their apps and services, or integration with Cortana Services. Microsoft is not responsible or liable for any software or firmware provided by the manufacturer. iv. Cortana enabled devices. Cortana-enabled devices are products or devices that support access to Cortana Services, or products or devices that are compatible with Cortana Services. Cortana-enabled devices are third-party devices or products that are not owned, manufactured, or designed by Microsoft. Microsoft is not responsible or liable for such third-party devices or products. v. Softwareupdates. We may automatically check your version of the Cortana Services software necessary to provide the Services and may download free software updates or configuration changes, or require manufacturers of Cortana-enabled devices to keep the Cortana Services software up to date . [top of page] Top of page Office Service H. office services. i. Microsoft 365 Home, Microsoft 365 Personal, Office Online, Sway, OneNote.com, and any other Microsoft 365 subscription or Office-branded service are for your personal and non-commercial use, unless you are under a separate agreement with Microsoft Commercial use rights granted. Use of applications such as Word, Excel, PowerPoint, Outlook, OneDrive, Access, and Publisher in the Microsoft 365 family, Microsoft 365 Personal, and all other Microsoft 365 subscription services are subject to additional license terms, which you can find along with these terms at https:/ Find /aka.ms/useterms. ii. Outlook. Outlook includes the use of Bing Maps. Content made available through Bing Maps, including geocodes, can only be used within the product through which the content is available. Your use of Bing Maps is subject to the Bing Maps End User Terms of Service available at go.microsoft.com/?linkid=9710837 and the Microsoft Privacy Statement available at go.microsoft.com/fwlink/?LinkID=248686. [top of page] Top of page Microsoft Health Services i. Microsoft Health Services. i. Microsoft Band. Microsoft Band devices and applications are not medical devices and are intended for fitness and wellness purposes only. They are not intended for use in the diagnosis of any disease, disease or other condition, nor for use in the cure, mitigation, treatment or prevention of any disease or other condition. Microsoft is not responsible for any decisions you make based on information provided by Microsoft Band. ii. Health Bots. Health Bots, which may include action plans, analytics, reminders, and other features, are not medical devices and are intended only for fitness and wellness purposes in connection with a healthcare provider's program. The products are not intended and cannot replace medical advice and are not intended for use in the diagnosis, cure, mitigation, treatment or prevention of any disease or other condition. You are fully responsible for your use of Health Bots. Microsoft is not responsible for any decisions you make based on information obtained from Health Bots. Always consult a doctor before using Health Bots with any questions you may have about medical conditions and any diet, fitness, or wellness programs. Under no circumstances should you disregard professional medical advice or delay seeking medical advice as a result of any information you obtain on or through the Services. Like any technical device, health bots can also fail for various reasons, e.g. B. because the power supply or connection is interrupted. [top of page] Top of page digital goods j. digital goods. Microsoft, through Microsoft Groove, Microsoft Movies & TV, the Store, Xbox services, and other related and future services, may offer you the ability to download music, pictures, video, text, books, games, or other material that is in digital form available to purchase, listen to, view, play or read (“Digital Goods”). The Digital Goods are for your personal, non-commercial entertainment use only. You agree not to redistribute, broadcast, publicly perform, publicly display, or transmit any copies of the Digital Goods. Digital Goods may be owned by Microsoft or by third parties. Regardless, in each case, you acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law, and the Acceptable Use Rules located at https://go.microsoft.com/fwlink/p/?LinkId=723143. You agree not to attempt to modify any Digital Goods obtained through any of the Services for any reason, including to disguise or alter the ownership or source of the Digital Goods. Microsoft or the owners of the Digital Goods may discontinue Digital Goods from offering the Services from time to time without notice. [top of page] Top of page OneDrive k. OneDrive. i. memory allocation. If you have more content stored in your OneDrive account than you are entitled to under the terms of your free or paid OneDrive subscription service, and you respond to a notice from Microsoft to purge your account (by either removing some content or moving it to a switch to a new subscription plan with more storage), do not respond within 30 days (or such longer period as may be specified in the notification), we reserve the right to close your account and delete or block access to your content on OneDrive. ii. performance of the service. Depending on factors such as your device, internet connection, and Microsoft's efforts to maintain the performance and integrity of their service, there may be occasional delays when uploading or syncing content to OneDrive. iii. Notification of Expiration. We will give you at least one month's notice before we close your OneDrive account for inactivity in accordance with Clause 4.a.ii. If you have a paid OneDrive subscription, we will not close your account for inactivity during the period for which you paid to use OneDrive. iv. Changes to the OneDrive service. We'll give you at least 30 days' notice if a change to the free or paid OneDrive services causes you to lose access to your content on OneDrive. v. Paid Subscriptions. If we reduce your OneDrive data storage limits or discontinue OneDrive service, you may cancel your paid OneDrive subscription and we will give you a prorated refund of the subscription fee. We will give you at least 30 days' notice of any such change and you must cancel within the period specified in the relevant notice. [top of page] Top of page Microsoft Rewards l. Microsoft Rewards. i. Microsoft Rewards (the "Program") allows you to earn redeemable points for activities such as searches, purchases, and use of other Microsoft offerings. These offers may vary by market. A search is any activity in which an individual user manually enters text with the good intention of obtaining Bing search results for their own research purposes, and does not include queries made by bots, macros, or other automated or deceptive methods of any kind ("Search" ). A purchase refers to the purchase of goods or the downloading and acquisition of a license for Microsoft Digital Content, whether for free or for a fee (“Purchase”). Rewards points are not offered for every purchase from Microsoft. Microsoft may offer additional earning opportunities from time to time, but each earning opportunity is not available in perpetuity. You may spend your earned points on rewards (“Rewards”) on the Redeem page at https://aka.ms/redeemrewards. For more information, see the Rewards section of support.microsoft.com (https://support.microsoft.com) (“Frequently Asked Questions”). 1. Requirements for Participation in the Program. You need a valid Microsoft account and your devices must meet the minimum system requirements (https://account.microsoft.com/rewards/). The program is available to users in the markets listed under "Frequently Asked Questions". Each person can have only one program account, even if they have multiple email addresses, and no more than six accounts are allowed per household. The Program is solely for your personal and non-commercial use. 2 points. Unless you pass points on within your Microsoft family (restrictions may apply) or donate your points to one of the charities listed on the Redeem page, you cannot transfer points. Points are not your personal property and cannot be exchanged for cash or money. The points are granted to you as part of a promotion. You cannot buy points. Microsoft may limit the amount of points or rewards per person, per household, or for a specified period of time (such as one day), provided you are not adversely affected by a breach of good faith. You may redeem no more than 550,000 points through the Program in any calendar year. Points earned through this program are not applicable to, or combinable with, other programs offered by Microsoft or third parties. Unredeemed points will expire if you do not earn additional points or redeem points for a period of 18 months. 3. Rewards. You can redeem your points or contribute points to a listed nonprofit by visiting the Redeem page (https://aka.ms/redeemrewards) or by enrolling in an automatic nonprofit donation program. Certain Rewards may only be available in limited numbers and such Rewards are available while stocks last. You may be required to provide additional information, such as providing your postal address and a telephone number (which is not a VOIP or toll-free number), and you may be asked to enter a fraud prevention code, or additional legal documents sign to redeem points for rewards. Once you have ordered a reward, you cannot cancel it or exchange it for points, unless the products supplied are defective or the applicable law provides otherwise. If you order a Reward that is out of stock or otherwise unavailable, we may provide you with a Reward of comparable value instead or refund the Points to you. Microsoft may update the reward offer on the Redeem page or remove certain rewards from the offer. Some awards may have purchaser age restrictions. Provisions of this type are described in the relevant offer. You are responsible for all federal, state and local taxes and any other costs incurred in accepting and using the Reward. Rewards will be sent to the email address associated with your Microsoft account. Therefore, please ensure that your e-mail address is up to date. Undeliverable awards will not be redelivered and will be forfeited accordingly. Rewards may not be resold. For more information about automatically donating points to nonprofits, see the Bing Donations FAQ (https://www.microsoft.com/rewards/give-mode-overview). 4. Cancel Participation in the Program. If you no longer wish to participate in the Microsoft Rewards program, please follow the instructions on the opt-out page (https://account.microsoft.com/rewards/optout?confirm=false). If you opt out, you will immediately lose all your available points. Your program account may be deleted if you do not log in at least once in a period of 18 months. Microsoft also reserves the right to terminate the Program account of any user who tampers with, misuses, or fraudulently uses the Program or who violates these Terms. Upon termination of participation in the Program (by you or by us), or if the Program is terminated, you have 90 days to redeem your points. Otherwise the points expire. Upon termination, your right to use the Program and earn future points will end. 5. Other Terms. Microsoft reserves the right to exclude you from the program, disable your access to the program or your rewards account, and/or withhold points, rewards, and donations if Microsoft believes you are tampering with or abusing the program in any way or may Engage in activities that violate these Terms. [top of page] Top of page Azure m. Azure. Your use of the Azure service is governed by the terms of the separate contract under which you obtained the services. Please visit the Microsoft Azure Legal Notices page at https://aka.ms/AA7z67v. [top of page] Top of page various 14. Miscellaneous. These clauses and clauses 1, 9 (for amounts accruing prior to the expiration of these Terms), 10, 11, 12, 16 and such clauses as are intended to survive shall survive the expiration or termination of these Terms. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice, provided such assignment, transfer or disposition will not result in any disadvantage to you. You may not assign, transfer or otherwise dispose of these Terms or any right to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreement between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the fullest extent permitted by applicable law. If a court or arbitral tribunal finds that we cannot enforce the letter of any part of these terms, those terms shall be deemed superseded by similar terms that are enforceable under the applicable law to the extent that the applicable law applies, and the remaining terms shall remain unchanged. These terms are solely for your benefit and ours. You do not benefit any third party other than Microsoft's successors or assigns. The paragraph headings are for reference only. 15. Waiver of Consumer Protection Provisions for End Users. If you are a micro-enterprise, small business or non-profit organisation, you agree to waive any claims that you may otherwise have under the European Electronic Communications Code (Directive 2018/1972) Article 102 paragraphs 1, 3 and 5; Article 105 paragraph 1 and Article 107 paragraphs 1 and 3. 16. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the Software and/or the Services, including destination, end-user, and end-use restrictions. For more information on geographic and export restrictions, see https://www.microsoft.com/exporting. 17. Reservation of Rights and Feedback. Except as expressly provided in these terms, Microsoft does not grant you any license or other right under any patent, know-how, copyright, trade secret, trademark, or other intellectual property owned or controlled by Microsoft or any of its affiliated companies related entity. This includes names, trade dress, and the like. If you give Microsoft ideas, suggestions, or feedback, such as B. ideas for new products, technologies, promotions or product names, or feedback and suggestions for improvements to products (“Feedback”), you grant Microsoft the right, without charge, fee or license fee and without any other obligation to you, to edit your Feedback to create or have created, and to use, share and commercially exploit your feedback in any way and for any purpose. You may not provide Feedback that is subject to a license that would require Microsoft to license its software, technology, or documentation to a third party in response to your Feedback. [top of page] Top of page HINTS Notices and Procedures for Asserting Claims for Intellectual Property Rights Infringement. Microsoft respects the intellectual property rights of others. For claims of intellectual property infringement, including claims of copyright infringement, we encourage you to send notice to Microsoft's designated agent. For more information and contact information, see the Notice and Procedure for Making Claims of Copyright Infringement (https://www.microsoft.com/info/cpyrtInfrg.html). Microsoft uses the processes outlined in Title 17 of the Official Coll. of United States Federal Laws, 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 have repeated copyright violations. Ad Ad Intellectual Property Notices and Procedures. See the Intellectual Property Guidelines (https://go.microsoft.com/fwlink/?LinkId=243207) for questions about intellectual property rights on our advertising network. Copyright and Trademark Notices. The Services are copyright © Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052, USA. All rights reserved. Included in the Terms are Microsoft's Trademark Guidelines (https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/usage/general.aspx) (as amended). Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either unregistered trademarks or registered trademarks of the Microsoft group of companies in the United States and/or other countries. The following is a non-exhaustive list of Microsoft trademarks: https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/EN-US.aspx. Actual company and product names may be trademarks of their respective owners. All rights not expressly granted in these Terms are reserved. Certain software used in certain Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used on certain Microsoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. Medical Notice. Microsoft does not provide medical or health advice, diagnosis, or treatment. Always consult your physician or other qualified healthcare provider with any questions you may have about any medical condition and any questions you may have about any diet, fitness or wellness program. Under no circumstances should you disregard professional medical advice or delay seeking medical advice as a result of any information you obtain on or through the Services. Price quotes and index data (including index values). Financial information provided through the Services is for your personal, non-commercial use only. You may not use any third party licensor's financial data or marks without a separate written agreement with the third party licensor in connection with the issuance, creation, promotion, trading, marketing, or promotion of any financial instrument or investment product (e.g., derivatives, structured products, mutual funds, etc.) , exchange-traded funds, investment portfolios, etc. where the price, return and/or performance of the instrument or investment product is based on, related to or intended to track the financial data). financial note. Microsoft is not a broker/dealer or registered investment adviser under the United States federal securities laws or the securities laws of any other jurisdiction, and does not advise any person on the advisability of investing in, buying or selling any securities or other financial products or services. Nothing on the Services constitutes an offer or solicitation to buy or sell any securities. Neither Microsoft nor its licensors of stock quote data or index data endorse or recommend any particular financial product or service. No part of the Services constitutes professional advice, including but not limited to investment or tax advice. Notice on H.264/AVC Visual Standard, MPEG-4 Visual Standard and VC-1 Video Standard. The Software may contain H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology published by MPEG LA, L.L.C. is licensed. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires the following notice: THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL AND VC-1 PATENT POOL LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER WHO (A) ENCODES VIDEO MATERIAL IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODED H.264/AVC, MPEG-4 VISUAL AND VC-1 VIDEO VIDEO MATERIAL ENCODED BY A CONSUMER FOR PERSONAL AND NON-COMMERCIAL PURPOSES AND/OR OBTAINED FROM A VIDEO SUPPLIER, WHO HAS THE RELEVANT LICENSE. NONE OF THE LICENSES APPLY TO ANY OTHER PRODUCT, EVEN IF SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED FOR ANY OTHER PURPOSE, WHATEVER IMPLIED. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE MPEG LA WEBSITE (https://www.mpegla.com). For the avoidance of doubt, nothing in this Section restricts or prevents use of the Software made available under these Terms for a company's normal business purposes other than (i) distribution of the Software to third parties, or (ii ) include the development of material using technologies conforming to the VIDEO STANDARDS for distribution to third parties. [top of page] Top of page STANDARD LICENSE TERMS FOR APPLICATIONS STANDARD LICENSE TERMS FOR APPLICATIONS WHICH ARE OFFERED IN THE EUROPEAN ECONOMIC AREA MICROSOFT STORE, MICROSOFT STORE ON WINDOWS UND MICROSOFT STORE ON XBOX These license terms constitute a contract between you and the publisher of the application. Please read the license agreement carefully. They apply to software applications that you download from the Microsoft Store, the Microsoft Store on Windows, or the Microsoft Store on Xbox (each referred to as a "Store" in these License Terms), including any updates or supplements to the application, unless the application is own terms attached, in which case those shall apply. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THE APPLICATION AND ACCORDINGLY MUST NOT DO SO. The term “Application Publisher” means the legal entity that licenses the Application to you as identified in the Store. If you comply with these license terms, you have the rights listed below. 1. INSTALLATION AND USE RIGHTS. You may install and use the Application on Windows devices or Xbox consoles as described in Microsoft's Acceptable Use Policy (https://go.microsoft.com/fwlink/p/?LinkId=723143). Microsoft reserves the right to change the Microsoft Acceptable Use Policy (https://go.microsoft.com/fwlink/p/?LinkId=723143) at any time. 2. INTERNET-BASED SERVICES. a. Consent to Internet-Based or Wireless Services. If the Application connects to computer systems over the Internet, which may include using a wireless network, by using the Application you consent to the transmission of standard device information (such as technical information about your device, your system and application software and your peripheral devices) for Internet-based or wireless network services. If other terms are presented in connection with your use of the Services accessed using the Application, those terms also apply. b. Misuse of Internet-based Services. You may not use Internet-based Services in any way that will intentionally damage them or interfere with their use by others or the wireless network. You may not use the Service to gain unauthorized access to any service, data, account or network by any means. 3. SCOPE OF LICENSE. The application is licensed, not sold. This Agreement only gives you some rights to use the Application. If Microsoft disables the ability to use the Applications on your devices pursuant to your agreement with Microsoft, all associated license rights will terminate. The application publisher reserves all other rights. You may use the Application only as expressly permitted in this Agreement, unless applicable law gives you broader rights notwithstanding this limitation. In doing so, you are obligated to comply with any technical limitations of the application that only allow you to use it for specific purposes. You are not authorized to a. circumvent technical limitations of the application. b. reverse engineer, decompile, or disassemble the Application, except and only to the extent that applicable computer program copyright law expressly permits. c. make more copies of the Application than specified in this Agreement or expressly permitted by applicable law, notwithstanding this limitation. i.e. publish or otherwise make the Application available for others to copy. e. rent, lease or lend the Application. f. transfer the Application or this Agreement to a third party. 4. DOCUMENTATION. If documentation is provided with the Application, you may copy and use it for your personal reference. 5. TECHNOLOGY AND EXPORT RESTRICTIONS. The Application may be subject to technology control or export laws and regulations of the United States and other countries. You must comply with all domestic and international export laws and regulations applicable to the technology used or supported by the Application. These laws also contain restrictions related to destinations, end users, and end use. For more information on Microsoft-branded products, see the Microsoft Export site (https://go.microsoft.com/fwlink/?linkid=868967). 6. SUPPORTSERVICES. Contact the application publisher to see if support services are available. Microsoft, your hardware manufacturer, and your wireless service provider (unless one of them is the application publisher) are not responsible for providing support services for the application. 7. ENTIRE AGREEMENT. This Agreement, the applicable Privacy Policy, any additional terms accompanying the Application, and the terms applicable to supplements and updates constitute the entire license agreement for the Application between you and the publisher of the Application. 8. GOVERNING LAW. a. United States and Canada. If you acquired the Application in the United States or Canada, then the laws of your state or province of residence (or, if a corporation, your principal place of business) govern the interpretation of these terms and apply to them Claims for breach of these Terms and any other claims (including claims for consumer protection, unfair competition and tort) notwithstanding the provisions of private international law. b. Outside the United States and Canada. If you acquired the application in another country, the laws of that country apply. 9. LEGAL EFFECT. This Agreement describes certain rights. You may have additional rights under the laws of your state or country. This Agreement does not change your rights under the laws of your state or country, to the extent that the laws of your state or country do not permit it. 10. DISCLAIMER OF WARRANTIES. The Application is licensed on an "as is," "with all faults," and "as available" basis. The application publisher itself, Microsoft (if Microsoft is not the application publisher), the wireless service providers over whose network the Application is made available, and each of their respective affiliates, suppliers, agents and suppliers ("Affected Parties") make no further contractual agreements Any guarantees, warranties or representations regarding the Application. You are entitled to all warranties required by law, but we make no other warranties. To the extent permitted by local law, Affected Parties disclaim all implied warranties, including merchantability, fitness for a particular purpose, assurances of safety and comfort, and non-infringement. 11. LIMITATION OF REMEDIES AND DAMAGES. a. The Application Publisher is not responsible for any User Content or any other third party material, including links to third party websites and activities provided by users. This content and activity is not the responsibility of the application publisher nor does it reflect the opinion of the application publisher. b. The publisher of the application is only liable for breaches of essential obligations under these license terms. c. The application publisher, its indirect representatives and/or legal representatives shall not be liable for any unforeseeable damage and/or financial loss related to indirect damage, including lost profits, unless the application publisher, its indirect representatives and/or its legal representatives have at least gross acted negligently or intentionally. i.e. The limitation of liability does not affect the application publisher's statutory strict liability, including but not limited to liability under the Product Liability Act and statutory liability for breach of warranty. The same applies to the liability of the publisher of the application, its indirect representatives and/or its legal representatives in case of fraud or negligence resulting in injury to body or health or death. e. No other contractual or legal claims may arise from these license terms for applications and/or the use of the application or services provided via the application, other than those specified in paragraphs (a) to (e) of this Section 11. [top of page] Top of page Covered Services The following products, apps, and services are covered by the Microsoft Services Agreement but may not be available in your market. Account.microsoft.com App Bing search Bing Apps Bing Dictionary Bing Image and News (iOS) Bing Maps Bing Rebates Bing Search APIs/SDKs Bing Pages Bing Translator Bing Webmaster Bing.com Bingplaces.com Ask Cortana Cortana skills by Microsoft Cortana Default Homepage and New Tab Page on Microsoft Edge Dev Center App Dictate education.minecraft.net Face Swap Feedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”) Forms.microsoft.com forzamotorsport.net Device status app Groove Music Pass Groove GroupMe map app LineBack Microsoft 365 Business Standard and Microsoft 365 Apps* * Applies until a commercial domain is established to use these services. From that point on, separate terms apply to Microsoft commercial services. Microsoft 365 Consumer Microsoft 365 Family Microsoft 365 Personal Microsoft Academic Microsoft Add-Ins for Skype Microsoft Bots Microsoft Educator Community Microsoft Film & TV Microsoft Health Microsoft Launcher Microsoft Math Solver Microsoft Pay Microsoft Pix Microsoft Research Interactive Science Microsoft Research Open Data Microsoft Search in Bing Microsoft Soundscape Microsoft Start Microsoft Teams Microsoft Translator Microsoft Wallpaper Microsoft XiaoIce Microsoft-Familie Microsoft-Konto Minecraft Realms Plus and Minecraft Realms minecraft games Mixer MSN Dial Up MSN Explorer MSN Finance MSN Health and Fitness MSN Cooking & Enjoyment MSN News MSN Premium MSN Travel MSN Sport MSN weather MSN.com Next Lock Screen Office 365 Pro Plus optional connected experiences Office for the web (formerly Office Online) Office in Microsoft 365 Consumer Office in Microsoft 365 Family Office in Microsoft 365 Personal Office Store Office Sway Office.com OneDrive.com OneDrive OneNote.com Outlook.com Paint 3D Presentation Translator Rinna rise4fun Seeing AI Send Skype in the Classroom Skype Manager Skype.com Skype Smart Search Snip Insights Xbox Game Studios games, apps and websites Spreadsheet Keyboard Store Support and Recovery Assistant for Office 365 from Microsoft Sway.com to-do.microsoft.com Translator for Microsoft Edge Translator Live UrWeather ux.microsoft.com Video Breakdown Visio Online Windows games, apps, and websites published by Microsoft Web Translator whiteboard.office.com Windows Photo Gallery Windows Live Mail Windows Live Writer Windows Movie Maker Windows Store Xbox Game Pass Xbox Live Gold Xbox Live Xbox Music Xbox Store [top of page] Top of page Affiliated Contracting Entities (for Paid Services under Section 10(b)) There are currently no affiliated contracting companies. Microsoft Ireland Operations Limited is your contracting entity.