Release date: April 1, 2021
Effective Date: June 15, 2021
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Microsoft Services Agreement
These conditions ("Conditions") govern the use of consumer products, websites and Microsoft services listed in the final part of the document here (#serviceslist) (the "Services").
By providing the opportunity to subscribe, use and / or order the Services, Microsoft makes an offer to the User.
The User accepts these Terms by creating a Microsoft account, using the Services or continuing to use them after receiving a notice relating to the modification of the same.
The User is required to read, print and save a copy of these Terms by reference, as this saving operation will not be carried out by Microsoft.
If the User is a micro-enterprise, a small company or a non-profit organization, he must read Article 15 relating to the waiver of the rights to which he would otherwise be subject under the European Code of Electronic Communications.
Right to the Protection of the User's Personal Data
1.
User Privacy.
Microsoft protects the User's privacy.
You should read Microsoft's Privacy Policy (https://go.microsoft.com/fwlink/?LinkId=521839) (the "Privacy Policy") as it describes the types of data that Microsoft collects through the 'User and his devices ("Data"), the related processing methods and the legal foundations underlying the processing.
The Privacy Policy also describes how Microsoft uses User content, i.e. communications with other users, posts sent by the User to Microsoft through the Services and files, photos, documents, audio , digital works, live streaming and videos uploaded, stored, transmitted or shared by the User through the Services ("User Content").
User Content
2.
User Content.
Many Microsoft Services allow the User to store or share User Content or to receive material from others.
Microsoft does not claim ownership of User Content.
The User Content remains the property of the User, who is responsible for it.
to. When the User shares User Content with others, they are aware that such others may be able to use, save, record, reproduce, transmit, share and view such content worldwide for the purpose for which the 'User has made it available on the Services for free.
In order not to grant this option to others, the User must not use the Services to share the Content.
You represent and warrant that, for the duration of these Terms, you will have all the necessary rights relating to the User Content uploaded, stored or shared on or through the Services and that the collection, use and storage of the Content of the User through the Services will not violate any law or any third party right.
Microsoft strongly advises the User to make periodic backup copies of their Content.
Microsoft cannot be held responsible for User Content or material uploaded, stored or shared by third parties through the Microsoft Services.
b. To the extent necessary to provide the Services to the User and to third parties (including any modification of the size, shape or format of the User Content in order to improve its storage or display), protect the User and the Services and improve Microsoft products and services, you grant Microsoft a free, international intellectual property license for the use of your Content, for example for the purposes of duplication, storage, transmission, reformatting, distribution via communication tools and display of User Content within the Services.
If published by the User in areas of the Service publicly available online or without limitations, the User Content may be displayed in demonstrations or promotional material of the Service.
Some of the Services are ad-supported.
Checks on how Microsoft personalizes advertising can be found at https://choice.live.com.
Microsoft does not use what the User states in e-mail messages, chats, video calls or voice messages nor does it use documents, photos or other personal files of the User to create advertising for the User.
The criteria relating to advertising are dealt with in detail in the Privacy Policy.
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Code of Conduct
3.
Code of Conduct.
to. The use of content, material or actions that violate these Conditions is not permitted.
By accepting these Conditions, the User is obliged to abide by the following rules:
the. Do not carry out illegal actions.
ii.
Do not engage in activities that exploit, harm or threaten to harm children.
iii.
Do not send spam or engage in phishing activities.
Junk means unwanted bulk email messages, posts, contact requests, SMS, instant messages, or similar electronic communications.
Phishing means sending e-mails or other similar communications in electronic format to fraudulently or illegally induce recipients to disclose personal or sensitive data, such as passwords, dates of birth, social security numbers, passport numbers, card details credit, financial information or other sensitive data, or to gain access to accounts or records, the exfiltration of documents or other sensitive data, payments and / or financial benefits.
iv.
Do not use or publicly display the Services to share inappropriate content or other material, including nudity, harassment, pornography, abusive language, graphic violence or criminal activity.
v. Do not engage in fraudulent, false or misleading activities, such as extorting money in disguise, impersonating another user, manipulating the Services to increase the number of games, or manipulating rankings, ratings or comments.
vi.
Do not intentionally circumvent any limitations relating to access or availability of the Services.
vii.
Do not engage in activities that are harmful to yourself, the Services or other users, such as transmitting viruses, stalking, posting content relating to terrorist activities or violent extremism, expressions of hatred or soliciting violence against other users.
viii.
Do not violate the rights of other users, such as by unauthorized sharing of music or other copyrighted material, reselling or other distribution of Bing photographs or maps.
ix.
Do not engage in activities that violate the right to protection of the personal data of other users.
x. Don't help other users break these rules.
b. Validity of the Contractual Provisions.
Microsoft reserves the right to refuse User Content if it exceeds the file size and storage limits permitted under these Terms.
In addition, if you breach any obligations set forth in Article 3.a above or otherwise materially breach these Terms, Microsoft will take action against you, including, but not limited to, interruption of the Services or termination Microsoft account immediate for cause or blocking the delivery of a communication (for example, an email, file sharing, or instant message) sent or received through the Services.
Microsoft also reserves the right to remove or block User Content from the Services at any time if it believes that such Content may violate applicable law or these Terms.
During investigations relating to alleged violations of these Terms, Microsoft reserves the right to analyze User Content in order to resolve the problem.
However, Microsoft will not be able to monitor all Services or attempt to do so.
c. Application to Xbox Services.
The User should click here (https://go.microsoft.com/fwlink/?linkid=868531) for more information on how this Code of Conduct applies to games, applications, services and service content Xbox online, Xbox Game Pass, Games for Windows Live and Xbox Games Studios provided by Microsoft.
Violation of the Code of Conduct following the use of the Xbox Services (defined in Section 13.a.i) may result in the suspension of participation in the Xbox Services or exclusion from participation in the same, including the revocation of licenses for the use of the content, the termination of the Xbox Gold membership and the loss of the balances of the Microsoft accounts associated with the account.
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Use of Services and Support
4.
Use of Services and Support.
a. Account Microsoft.
To use many of the Services, the User must have a Microsoft account.
The Microsoft account allows the User to access products, websites and services provided by Microsoft and some Microsoft partners.
the. Creating an Account.
The User can create a Microsoft account by registering online.
The User agrees not to use false, inaccurate or misleading information when registering with the Microsoft account.
In some cases it is possible that a Microsoft account has been transferred to the User by third parties, for example by the relevant Internet Service Provider.
In such cases, the third party may have additional rights on the User's account, such as the ability to access or delete the Microsoft account.
The User may view any additional conditions provided by the third party, as Microsoft has no responsibility in relation to them.
If the User creates a Microsoft account on behalf of a legal person, such as their company or their employer, they declare that they have the legal authority to bind that legal person to these Terms.
The User cannot transfer the credentials of his Microsoft account to another user or to another legal person.
To protect their account, the User must keep the details relating to their account and their password confidential.
The User is responsible for all the activities he carries out with his Microsoft account.
ii.
Use of the Account.
The User must use their Microsoft account to keep it active.
To keep your Microsoft account and associated Services active, you will therefore need to log in at least once every two years, unless a longer period is established in the Microsoft account activity policy at https: / /go.microsoft.com/fwlink/p/?linkid=2086738 or in an offer for a paid portion of the Services or under other law.
If the User does not log in during this period of time, the Microsoft account will be considered inactive and will be closed.
Information on the consequences related to a closed Microsoft account is available in Article 4.a.iv.2.
The User must access the Outlook.com Inbox and OneDrive (separately) at least once a year; otherwise, Microsoft will close the Outlook.com Inbox and the User's OneDrive storage space.
You will need to log into the Xbox Services at least once every five years to maintain the gamertag associated with your Microsoft account.
If Microsoft reasonably suspects that your Microsoft account is likely to be used by a third party in a fraudulent manner (for example, as a result of an account violation), Microsoft may suspend your account until the 'User cannot claim ownership.
Depending on the nature of the compromise, Microsoft may need to disable access to part or all of the User Content.
In case of problems accessing the Microsoft account, the User can visit the website at (https://go.microsoft.com/fwlink/?LinkId=238656).
iii.
Children and Accounts.
By creating a Microsoft account or using the Services, you agree and agree to be bound by these Terms and represent that you have reached "the age of majority" in your country of residence or a parent or legal guardian agrees to be bound by these terms. on behalf of the User.
If the User does not know if he has reached the age of majority in his country of residence or does not understand this Article, he will not have to proceed with the creation of a Microsoft account before having asked the parent or guardian for assistance.
If the User is the parent or guardian of a minor, the User and the minor accept these Conditions and agree to be bound by them.
You are also responsible for supervising the child while using the Microsoft account or the Services, including purchases, whether the child's account is already active or if it is created at a later time. moment.
iv.
Closure of the User's Account.
1.
In addition to the cancellation rights indicated in the Article "Refund Policy" below (Article 9.g), the User may cancel specific Services or terminate their Microsoft account at any time and for any reason.
To close their Microsoft account, the User must access the address https://go.microsoft.com/fwlink/p/?linkid=618278.
When you ask for your Microsoft account to be closed, you can choose to have a 30 or 60 day suspension status activated if you change your mind.
At the end of this 30 or 60 day period, the Microsoft account will be closed.
For detailed information on the consequences of closing your Microsoft account, the User can refer to Article 4.a.iv.2 below.
If the User re-logs into their Microsoft account during the suspension period, the account will be reactivated.
2.
If the User's Microsoft account is closed (by the User or by Microsoft), the following will happen: First, the User's right to use the Microsoft account to access the Services will immediately expire.
Secondly, Microsoft will delete the Data or User Content associated with your Microsoft account or otherwise remove the association from you and your Microsoft account, unless it is required by law that both be retained, returned. or transferred to the User or to a third party indicated by the User.
It is therefore possible that the User is no longer able to access the Services (or the User Content stored therein) that require a Microsoft account.
The User must have a periodic backup plan.
Finally, the User may lose access to the products purchased.
b. Work or School Account.
The User can access certain Microsoft services using their work or school email address.
In this case, the User accepts that the owner of the domain associated with the e-mail address can be notified of the existence of the User's Microsoft account and its associated subscriptions.
You also agree that the domain owner can control and manage the account and access and process User Data, including the content of User communications and files, and that Microsoft may notify the domain owner of any violation of the account or Data.
The User also agrees that the use of Microsoft services may be subject to contracts that Microsoft has entered into with the User or its organization and that these Terms may not apply.
If you already have a Microsoft account and use a specific work or school email address to access the Services governed by these Terms, you may be asked to update the email address associated with your account. Microsoft to continue accessing these Services.
c. Additional Equipment / Data Plans.
In order to use many of the Services, an Internet connection and / or data / cellular plan is required.
You may also need additional equipment, such as a headset, camera, or microphone.
The User is responsible for having all the connections, equipment and / or plans necessary to use the Services and to pay the fees charged by the providers of the connections, equipment and plans.
These fees are to be considered in addition to any fees due to Microsoft for the Services and will not be reimbursed by Microsoft to the User.
The User may contact their suppliers in order to determine if some of these fees are applicable to their case.
d. Communications on the Service.
If it is necessary to provide important information about a Service used by the User, Microsoft will send the User communications on the Service and any other information required by law.
If the User provides Microsoft with the e-mail address or telephone number associated with his Microsoft account, Microsoft may send him communications on the Service via e-mail or SMS (text message).
You can also use the number to verify the identity of the User before proceeding with the registration and control of purchases.
Microsoft may also send the User communications about the Service in other ways, for example through internal product messages.
For communications received via SMS, charges related to data traffic or messages may be applied.
Microsoft recommends that you monitor and maintain the specified email address.
If the User does not give his consent to receive communications in electronic format, he must stop using the Services.
And. Support.
Customer support for some Services is available at https://support.microsoft.com.
Some Services may also offer additional or separate customer support, in accordance with the conditions available at https://www.microsoft.com/support-service-agreement, unless otherwise specified.
Support may not be available for beta or preview versions of features or Services.
If the User resides in Europe, he can also present the problem to the platform for the Online Resolution of Disputes of the European Union (https://ec.europa.eu/consumers/odr); must use MSODR@microsoft.com only on the complaint form and not for other purposes.
f. Termination of the User Services.
If the User Services are canceled (both by the User himself and by Microsoft), in the first place the User's right to access them immediately expires and the license for the use of the software related to them is terminated.
Secondly, Microsoft will delete the Data or User Content associated with the User Service or otherwise remove the association from the User and their Microsoft account, unless it is required by law that both be retained, returned or transferred to the User or to a third party indicated by the User.
It is therefore possible that the User is no longer able to access the Services (or the User Content stored therein).
The User must have a periodic backup plan.
Finally, the User may lose access to the products purchased.
If the User has canceled their Microsoft account and does not have any other account capable of accessing the Services, the User Services may be canceled with immediate effect.
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Use of Third Party Apps and Services
5.
Use of Third Party Apps and Services.
The Services may allow the User to access products, services, websites, links, content, material, games, skills, integrations, bots or applications of autonomous third parties (companies or persons who are not Microsoft) ("Apps and Services of Third parties ") and to purchase them.
Several Microsoft Services also allow the User to find, request or interact with Third Party Services and Apps or allow the User to share their Content or Data and the User understands that, through the use of the Microsoft Services, the App and Third Party Services are at your disposal.
Third Party Apps and Services may allow the User to store User Data or Content with the publisher, provider or operator of the Third Party Apps and Services.
The Third Party Apps and Services are provided with a specific privacy policy or the User is obliged to accept the related conditions before being able to install or use the Third Party App or Service.
The User may view Article 13.b which illustrates further conditions for applications purchased through certain Stores of which Microsoft or its subsidiaries own and manage (including, without limitation, Office Store, Microsoft Store on Xbox and Microsoft Store on Windows).
The User must read the conditions and privacy policies of third parties before purchasing, using, requesting Third Party Apps and Services or connecting their Microsoft Account to them.
Any conditions of third parties do not modify these Conditions.
Microsoft does not license any intellectual property to the User in the context of Third Party Apps and Services.
The User agrees to assume all risks and responsibilities arising from their use of such Third Party Apps and Services.
It also accepts that Microsoft is not responsible to the User or other users of data or services provided by the Apps and Third Party Services.
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Availability of Services
6.
Availability of Services.
to. The Services, Apps and Third Party Services or the material or products offered through the Services may periodically not be available, may only be offered for a limited period of time or may vary according to the country / geographical area, the device of the User or other external factors, such as Internet or network connection.
If the User changes the location associated with their Microsoft account, they may have to purchase the products they had and had paid for in the previous country / region again.
b. Microsoft is committed to keeping the Services up and running; however, they are not offered with a guaranteed quality level and all online services are subject to occasional malfunctions and interruptions.
In the event of a blackout or an interruption of the Service, the User may not be able, temporarily, to retrieve the User Content.
Microsoft advises the User to make a regular backup of the User Data and Content stored in the Services or to archive it using the Apps and Third Party Services.
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Updates to the Services or Software and Changes to these Terms
7.
Updates to the Services or Software and Changes to these Terms.
to. Microsoft will inform the User if it intends to make changes to these Terms.
Microsoft may change these Terms as necessary (i) under applicable law, including but not limited to a change in that law, (ii) following a notice and / or order under applicable law, ( iii) following the evolution of the Services, (iv) for technical reasons, (v) for operational requirements or (vi) to make improvements to the Conditions for the benefit of the User.
Microsoft will notify the User of the change before it takes effect, via the user interface, an email message or other appropriate means.
Microsoft will provide you with the opportunity to cancel the Services at least 30 days before the change takes effect.
The use of the Services after the date of entry into force of the change constitutes acceptance of the new conditions.
If you do not accept the new conditions, the User must stop using the Services and close their Microsoft account in accordance with Article 4.a.iv.
This will also be explicitly communicated by Microsoft when it informs the User of the planned change to these Terms.
b. Microsoft may automatically check the software version, which is necessary to provide the Services, and download software updates or configuration changes, at no cost to the User, in order to update, improve and further develop the Services.
It is also possible that the User may be required to update the software to continue using the Services.
Such updates will be subject to these Terms, unless accompanied by additional terms or other terms, in which case the latter will apply.
If you do not accept the additional conditions or other conditions applicable to the updates, the User will not be able to use or receive the updates.
Microsoft is not obligated to make any updates available or guarantees to provide support for the version of the system for which the User has purchased or licensed the software, apps, content or other products.
c. Microsoft is constantly striving to ensure the improvement of the Services and, at any time, may modify the Services, delete features or terminate access to Third Party Apps and Services, including, without limitation, cases in which, pursuant to the agreements Microsoft's agreements with third parties, Microsoft is no longer permitted to make third party materials available, nor is it feasible for Microsoft to provide such materials, technology advancements, or customer comments that indicate a need for a change.
Microsoft will inform the User in advance if a change to the Services prevents access to User Content.
For paid Services, Microsoft will also notify the User in advance of other substantial changes made to the Services.
Except as required by applicable law, Microsoft is not required to allow a new download or replacement of the material, of the Digital Products defined in Article 13.k or of the applications previously purchased.
If Microsoft cancels a paid Service, it will refund the User, on a pro rata basis, the amount of payments made for the remaining part of the Service to which the User would be entitled at the time of cancellation.
d. In order for the User to use DRM (Digital Rights Management) protected material, including music, games, movies, books and more, the DRM software can automatically contact an online rights server, as well as download and install DRM updates.
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Software License
8.
Software License.
Unless accompanied by a specific Microsoft license agreement (for example, if You are using a Microsoft application included with Windows, in which case the software is governed by the Microsoft Software License Terms for the Windows Operating System), any software provided by Microsoft to You as part of the Services is subject to these Terms.
Applications purchased through certain Stores, of which Microsoft or its affiliates own and operate (including, without limitation, the Office Store, Microsoft Store on Windows, and Microsoft Store on Xbox), are subject to the terms of Section 13. b.i which follows.
to. Microsoft grants you the right to install and use one copy of the device software on an international basis for use by one person at a time, as part of the use of the User Services, provided that User complies with the these Conditions.
With respect to some devices, such software may be pre-installed for personal, non-commercial use of the Services.
The software or website that is part of the Services may include third party code.
Third party code or scripts, linked to, or referenced in, such software or website, are licensed to the User by the third party owners of such code, not by Microsoft.
Any communications relating to the third party code are included for informational purposes only.
b. The software is licensed, not sold, and Microsoft reserves all rights in the software not expressly granted under these Terms.
This license does not grant the User any right to, and the User may not, illegally:
the. circumvent or circumvent any technological protection measures present in the software or the Services or related to them;
ii.
disassemble, decompile, decrypt, modify, emulate or exploit any software or any other aspect of the Services included in or accessible through the Services, except to the extent that such activities are expressly authorized by applicable copyright law;
iii.
separate components of the software or the Services for use on different devices;
iv.
publish, duplicate software or Services, rent, loan or lease them, sell them, export them, import them or distribute them, unless expressly authorized by Microsoft;
v. transfer the software, any software licenses or any rights to access or use the Services;
vi.
use the Services in any unauthorized way that may interfere with 'to' use in any unauthorized way that may interfere with others' use of the Services or access any services, data, account or network;
vii.
allow access to the Services or modify any Microsoft authorized device (including, but not limited to, Xbox and Microsoft Surface consoles) through unauthorized third-party applications.
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Terms of payment
9.
Terms of payment.
If the User acquires a Service, these payment conditions apply to the purchase and are deemed to have been accepted by the User.
to. Costs.
If a cost is associated with a part of the Services, the User agrees to pay for it.
The price set for the Services includes all applicable taxes, unless otherwise specified.
The User is solely responsible for the payment of such taxes or other costs.
Taxes are calculated based on where the User is located at the time of Microsoft account registration, unless otherwise specified.
After Microsoft has notified the User that it has not received payment according to the agreed deadlines, it may suspend or cancel the Services if the User fails to honor his commitment within the established time frame.
If the Services are suspended or canceled due to non-payment, the User will no longer be able to access or use the account or its content.
Connecting to the Internet via a corporate network or other private network that masks the location where the User is located may result in the application of costs other than those displayed for the actual location where the User is located.
Depending on where the User is located, some transactions may require conversion into a foreign currency or processing in another country.
When the User uses a debit or credit card to pay for the aforementioned services, the bank may charge additional costs.
For further details, the User must contact the bank.
b. User Billing Account.
When registering for a paid Service, the User will be asked to indicate a payment method for that Service.
For all Services except Skype, you can access and change your billing information and payment method on the Microsoft account management website (https://go.microsoft.com/fwlink/p/ ? linkid = 618281) and, for Skype software and products, by visiting the account portal at https://skype.com/go/myaccount.
The User also agrees to allow Microsoft to use updated account information relating to the selected payment method provided by the issuing bank or the applicable payment network.
You agree to promptly update your account information and other information, including your e-mail address and payment method details, so that Microsoft can finalize your transactions and contact you as needed in connection with the transactions. .
If the User requests to stop using the payment method and does not provide any alternative method after receiving appropriate notice, Microsoft may suspend or cancel the Paid Service for just cause.
The changes made to the billing account will not affect the costs charged to the User's billing account before Microsoft can reasonably process the request to change the information on the billing account.
c. Billing.
By indicating a payment method to Microsoft, you (i) represent that you are authorized to use that payment method and that all information provided for payment is true and accurate, (ii) you authorize Microsoft to charge for the Services or of the content available through the indicated payment method and (iii) authorizes Microsoft to charge the cost of any paid feature of the Services for which it chooses to register or which it chooses to use, as long as these Terms are in effect.
As specified, Microsoft may issue an invoice (a) in advance, (b) at the time of purchase, (c) immediately after purchase or (d) on a recurring basis for the Services subject to subscription.
Microsoft may also charge the amount approved by the User and will notify the User in advance of any changes in the amount to be paid for the recurring Services subject to subscription and, in the event of a price change, may offer the User the possibility to cancel the Services before such change is effective.
Microsoft may invoice simultaneously for multiple billing periods for amounts that have not been previously processed.
d. Recurring Payments.
When you purchase the Services by making a subscription, such as monthly, quarterly or yearly, You agree to authorize recurring payments and that such payments will be made to Microsoft through the method and at the agreed recurring intervals, until the subscription for the Service is terminated. from you or Microsoft.
The User must cancel the Services in use before the next billing date to prevent them from becoming continuous following payment.
Microsoft will provide you with instructions on how to cancel the Services.
By authorizing recurring payments, you authorize Microsoft to store the payment instrument you are using and to process them as funds transfers or electronic debits or as payments via electronic devices from your specific account (for payments through the automated clearing house (Automated Clearing House) or similar) or as debits to the User's specific account (for payments by credit card or similar) (collectively, “Electronic Payments”).
Subscription fees are generally billed prior to the applicable subscription period.
If payment is not made or any transaction by credit card or other similar method is refused or denied, Microsoft or its service providers reserve the right to collect any applicable fees related to insufficient funds, returned or rejected items, and to make such payment as Electronic Payment.
And. Online Account Statement and Errors.
For all Services except Skype, Microsoft will provide You with an online statement via the Microsoft Account Management website (https://go.microsoft.com/fwlink/p/?linkid=618284) , from which the User can view and print it.
As for Skype, the User can view the online account statement by accessing their account at www.skype.com (https://www.skype.com).
It is the only bank statement that Microsoft provides.
Depending on the Service and country, a VAT invoice may be provided.
If an error has been made in the invoice, Microsoft will correct it immediately as soon as it becomes aware of it or it will be reported to you by the User and following the necessary checks.
Microsoft advises the User to notify the presence of an obvious error on the invoice within 120 days of the initial appearance as it is easier to resolve it in that period.
The User can direct requests of this type to customer support as indicated in Article 4.e.
f. Refund Policy.
The User will be entitled to a cancellation period ("Cooling Down Period") of fourteen (14) days from the date of purchase, with or without reason.
If the Service was partially provided at the time of cancellation, the User will obtain a proportional refund.
The User acknowledges that the Cooling Down Period expires at the end of the provision of the Service, in which case the purchase cannot be refunded.
If the User purchases digital content from Microsoft, the right of cancellation will cease when the download begins.
Except as required by applicable law or a particular offer of Services, all purchases are final and non-refundable.
Information and instructions on how to cancel all non-Skype Services and request a refund using the Refund Form, if you are eligible for a refund, are available on the Microsoft Account Management website (https: //go.microsoft.com/fwlink/p/?linkid=618284).
As for Skype, the User must complete the Form using the information provided here (https://go.microsoft.com/fwlink/p/?linkid=618286).
If you believe you have received a charge from Microsoft by mistake, you should contact Microsoft, which will immediately carry out the necessary checks.
Microsoft's acknowledgment of a refund or credit does not imply any obligation to recognize the same or similar refund in the future.
These reimbursement policies do not affect any rights under applicable law.
For more information on how to refund, the User can consult the Help topics (https://go.microsoft.com/fwlink/p/?linkid=618283).
g. Termination of Services.
The User may cancel the Services on the service and subscription management page available in the Microsoft account (https://account.microsoft.com/) or by contacting customer support in the manner described in the previous Article 4.e.
The cancellation of the paid Services interrupts future charges and prevents the Service from transforming continuously.
The User will have to refer back to the offer relating to the Services, since (i) may not receive any refund at the time of cancellation, (ii) may be obliged to pay the cancellation costs, (iii) may be obliged to pay all fees charged to your billing account for the Services prior to the cancellation date and (iv) may no longer be able to access and use your account after canceling the Services.
Microsoft will process the User Data in the manner described in the previous Article 4.
If the User cancels the Services, they will terminate at the expiration of the validity period or, if the account is billed on a periodic basis, at the expiry of the period in which the User requested the cancellation.
If You initiate a chargeback or reversal process with your bank regarding your payment for Services, Microsoft will deem You canceled the service on the date the original payment was made and You authorize Microsoft to cancel immediately the service he uses and / or to cancel any content received against such payment.
h. Trial Period Offers.
If you are participating in an offer for a trial period, you may be asked to cancel the trial Service (s) within the time frame that was communicated to you at the time of accepting the offer in in order to avoid that at the end of this period the Service is transformed continuously and the relative costs are charged to it.
the. Promotional Offers.
Microsoft may from time to time offer the Services for a trial period during which no amount will be charged to the User.
Microsoft reserves the right to charge the User an amount for such Services (based on the normal rate) if he or she is in default of the terms of the offer.
j. Price Changes.
If the offer of the Services provides for a fixed price, this price will remain in force for the period of validity.
To continue using the Services, the User must accept the new offer at the new price.
If the Services are offered on a periodic basis (e.g. monthly), without a specific time frame, and if it is not an evaluation offer, Microsoft may change the price of the Services if it adds new or improved features, to the extent that the costs of providing the Service have increased as a result of or following market changes (due, for example, to labor costs, currency fluctuations, changes made to taxes / regulations, inflation, license fees and infrastructure and management costs).
Microsoft will inform the User at least 30 days before the price change becomes effective.
The User will have the opportunity to cancel the Services before the price is changed in accordance with the previous Article 9.h.
When Microsoft notifies the User of the price change, it will also inform the User of the reasons and purpose of the increase.
Microsoft will remind the User that the new price will come into effect if he does not cancel the Services and will also remind him how it is possible to cancel them.
k. Payments to the User.
In the event of Microsoft's debt to the User, the latter agrees to provide Microsoft in a timely and accurate manner with all the information necessary for the execution of the related payment.
The User will be responsible for any taxes and charges relating to the payment received.
You will also need to comply with any other Microsoft terms to qualify for payments.
Microsoft may cancel any payment made by mistake to the User or request its return.
The User agrees to work with Microsoft to arrange for the return.
Microsoft may also reduce, without notice, the payment paid to the User in order to offset any previous overpayment.
L. Late payments.
In the event of late payments, the costs incurred by Microsoft for the collection of overdue amounts, including lawyers' fees and other legal costs or fees, are borne by the User, as permitted by laws and regulations.
Microsoft may suspend or cancel the Services if You fail to make a full and timely payment after Microsoft sends a reminder, with notice of suspension and / or cancellation of the Services, asking You to make payment within an appropriate period.
The User will be able to avoid the suspension or cancellation of the Services if he makes the requested payment within the appropriate period of time, established in the reminder.
In the event that the missing amount is marginal, a different procedure will be applied.
Missing amounts of less than 2% of the total invoice value will always be considered marginal.
The suspension or cancellation of the Services for non-payment may cause the loss of access to the Microsoft account.
m. Gift Vouchers.
Redemption and use of gift cards, with the exception of Skype gift cards, are governed by the Microsoft Gift Card Terms (https://support.microsoft.com/help/10562/microsoft-account-gift-card- terms-and-conditions).
Information on Skype Gift Cards can be found on the Skype Help page (https://go.microsoft.com/fwlink/?LinkId=615383).
n. Method of Payment by Current Account.
With the Microsoft account, the User can register a suitable current account to be used as a payment method.
Eligible current accounts include accounts with financial institutions capable of receiving direct debits (for example, a US-based financial institution that supports payments through the Automated Clearing House ("ACH"), a financial institution European Union that supports the Single Euro Payments Area (“SEPA”) or “iDEAL” in the Netherlands).
The conditions accepted by the User also apply when adding their current account as a payment method to the Microsoft account (for example, the "mandate" in the case of a SEPA payment).
The User declares and warrants that he is the holder of the registered current account or that he is authorized to register and use this current account as a payment method.
By registering or selecting your bank account as a payment method, you authorize Microsoft (or the person acting on your behalf) to make one or more charges for the total amount of the purchase or the cost of the subscription (subject to the conditions of the subscription service) through the current account (and, if necessary, to carry out one or more credits to the current account to correct errors, make a refund or for similar purposes) and the User authorizes the financial institution with which it is deposited the current account to deduct such debits or to accept such credits.
The User understands that this authorization will remain fully binding and effective until it removes the current account data from the Microsoft account.
The User must contact customer support as soon as possible in the manner indicated in Article 4 above and if he believes he has received a charge by mistake.
The laws applicable to the User's country may also limit the User's liability in the event of fraudulent, incorrect or unauthorized transactions carried out through the User's current account.
By registering or choosing a current account as a payment method, the User acknowledges that he has read, understands and accepts these Conditions.
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Contracting Legal Person, Applicable Law and Court for Dispute Resolution
10.
Contracting Legal Person, Applicable Law and Court for Dispute Resolution.
If you reside in (or, in the case of a company, the main place where the company conducts its business is in) Iceland, Lichtenstein, Norway, Switzerland, the United Kingdom or the European Union and if you use free Services or for a fee, the contracting legal person will be Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland, registered in the Irish Companies Registration Office under number 256796, VAT number: IE 8256796 U and registered address 70 Sir John Rogerson's Quay, Dublin 2, Ireland.
All claims related to Free and Paid Services will be governed by Irish law; however, the User will not be deprived of the mandatory consumer protections provided for by the law of the country in which Microsoft provides the Services used by the User and in which the User has his habitual residence (or, in the case of a company, of the main place in which the company carries out its business).
With regard to jurisdiction, the User and Microsoft agree to choose the competent court of the country in which Microsoft provides the Services used by the User and in which the User has his habitual residence (or, in the case of a company, the main place in which the company carries out its business) for all disputes arising from these Conditions or related to them; alternatively, the User may choose the competent Irish court.
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Guarantees
11.
Guarantees.
The law recognizes certain rights to the consumer user, including Microsoft's obligation to provide the Services with reasonable care and competence.
Nothing in these terms is intended to limit or exclude Microsoft's liability for any breach by Microsoft of the provisions herein.
EXCEPT IN CASES IN WHICH MICROSOFT HAS HIDDEN ANY DEFECTS IN FAILURE OR IT IS IMPOSSIBLE TO USE THE SERVICES DUE TO ANY DEFECTS AND UNLESS THE PAYMENT PRODUCTS SKYPE, MICROSOFT PROVIDES THE "AS IS" AND "AS IS" "CONFECTED" DEPENDING ON AVAILABILITY".
MICROSOFT DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES.
THE USER ACKNOWLEDGES AND AGREES THAT THE INFORMATION AND TELECOMMUNICATION SYSTEMS ARE NOT ERROR-FREE AND THAT THERE WILL BE DOWNTIME.
MICROSOFT CANNOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
MICROSOFT, ITS AFFILIATES AND ITS DEALERS, DISTRIBUTORS AND SUPPLIERS DISCLAIM ANY OTHER WARRANTY OR TERMS OF CONTRACT.
THE USER IS GRANTED ALL THE MANDATORY WARRANTIES PROVIDED FOR BY LAW; HOWEVER, MICROSOFT MAKES NO ADDITIONAL WARRANTIES.
MICROSOFT DISCLAIMS ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY (QUALITY NOT LOWER THAN AVERAGE), FITNESS FOR A PARTICULAR PURPOSE, EXPERTISE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT PERMITTED BY LAW.
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Limitation of Liability
12.
Limitation of Liability.
to. Microsoft will not be responsible for the material and User Content or third party material, including links to third party websites, or for the activities provided by users.
Such content and activities are not attributable to Microsoft nor do they represent the opinion of Microsoft.
b. Microsoft will be liable only if material obligations of the Agreement have been breached or if otherwise required by applicable law.
c. Microsoft, its delegates acting on its behalf and / or its legal representatives will not be liable for indirect damages, including financial loss, such as loss of profit, except in the event of Microsoft's gross negligence or willful misconduct, of its delegates who act on its behalf and / or its legal representatives.
d. Any legal liability of Microsoft for error-free conditions, including legal liability for breach of warranty, will not be affected by the limitation of liability.
The same principle will apply to the liability of Microsoft, its delegates acting on its behalf and / or its legal representatives in the event of a tort or negligence resulting in death or personal injury.
And. Microsoft is not responsible for any errors or delays in fulfilling any obligations under these Terms, provided such errors or delays are caused by circumstances beyond Microsoft's reasonable control, such as industrial disputes, force majeure, wars or terrorist activities, intentional damage, accidents, or compliance with applicable governmental agency or law requirements.
Microsoft will have to work to reduce the effects of such events and ensure the fulfillment of the remaining obligations.
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Specific Conditions for the Use of the Services
13.
Specific Conditions for the Use of the Services.
The conditions referred to in the articles preceding or following Article 13 apply to all Services.
This Article contains the specific conditions for the use of the services, in addition to the general conditions.
These specific conditions for the use of the services prevail in the event of discrepancies with the general conditions.
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Xbox
a. Xbox.
the. Personal Non-Commercial Use.
Xbox online service, Xbox Game Studios games (https://www.xbox.com/xbox-game-studios) (including Mojang Games), applications, subscriptions (for example, Xbox Game Pass for PC, Xbox Game Pass for Console, Xbox Game Pass Ultimate), services (for example, Xbox Live) and content provided by Microsoft (collectively the “Xbox Services”) are for your personal, non-commercial use only.
ii.
Xbox services.
When You sign up for the Xbox Services, information about the gameplay, activity and usage of games and the Xbox Services will be tracked and shared with third-party game developers, so that Microsoft and third-party game developers can make it work. games and provide Xbox Services.
If You choose to link your Microsoft Xbox Services account to your non-Microsoft service account or log in to your Xbox Services account to access a non-Microsoft Service (for example, a non-Microsoft game publisher App and Third Party Services), you agree that: (a) Microsoft may share limited account information (including, without limitation, gamertag, player scores, game scores, game history, and friends list) with such non-Microsoft party as set forth in Microsoft's Privacy Policy and (b) where permitted by Xbox's privacy settings, the non-Microsoft party may also access User Content via in-game communications, if you are logged into your account with that non-Microsoft party.
In addition, if permitted by the Xbox privacy settings, Microsoft may publish the User's name, gamertag, player image, motto and avatar in communications intended for authorized contacts by the User. , as well as the game clips and games used by the latter.
iii.
User Content.
As part of the creation of the Xbox Services community, you grant Microsoft, its affiliates and its sub-licensees a worldwide free and valid right to use, modify, reproduce, distribute, transmit, share and view the Content. or your name, gamertag, player image, motto or avatar posted by you for the Xbox Services, in whole or in part, by other means or processes on any materials or media.
iv.
Game managers.
Some games may use managers, representatives or hosts.
Game managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
v. Kids on Xbox.
If the User who uses the Xbox Services is a minor, the relative parent or guardian will be able to control various aspects of the account and receive reports on the User's use of the Xbox Services.
vi.
Currency of Games or Virtual Goods.
The Xbox Services may include a virtual game currency (such as gold, coins or points), which can be purchased at or on behalf of Microsoft through effective monetary instruments, if the User is considered an adult under the law of his country of residence.
The Xbox Services may also include digital, virtual items or goods that may be purchased at or on behalf of Microsoft using actual monetary instruments or game currency.
Game currency and virtual goods may never be redeemed for actual money instruments, goods or other items of monetary value of Microsoft or any other party.
Apart from a limited, personal, revocable, non-transferable, and non-sublicensable license to use the game currency and virtual goods exclusively in the Xbox Services, You will have no right or ownership in that game currency or any such virtual goods associated with one or more Xbox apps or games that appear or originate on the Xbox Services or any other attributes associated with your use of the Xbox Services or stored on the Xbox Services.
Microsoft may change its offerings regarding in-game currency or virtual products from time to time.
vii.
Software Updates.
For any device that can connect to the Xbox Services, Microsoft will be able to automatically check the version of the Xbox console software or Xbox app software and download software updates or configuration changes to the Xbox console or Xbox apps, including those that prevent User to access Xbox Services, use unauthorized Xbox games or apps, or use unauthorized hardware peripherals with an Xbox console.
viii.
Gamertag Expiration.
The User must log in to the Xbox Services at least once every five years, otherwise they may lose access to the gamertag associated with their account and the gamertag may be used by other users.
ix.
Fraud and Tampering Software.
With respect to any device capable of connecting to the Xbox Services, Microsoft may automatically check that it does not contain any unauthorized hardware or software products that allow it to engage in fraud or tampering in violation of the Code of Conduct or these Terms and download software updates or changes to the configuration of the Xbox apps, including those that prevent you from accessing the Xbox Services, or from using unauthorized hardware or software products that allow you to engage in fraud or tampering.
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Store
b. Store. “
Store "means a Service that allows the User to browse, download, purchase, rate and comment on applications (the term" application "includes games) and other digital content.
These Terms govern the use of certain Stores that Microsoft or its affiliates own and manage (including, without limitation, the Office Store, Microsoft Store on Windows and Microsoft Store on Xbox). "
Office Store ”means a Store for Office products and apps for Office, Microsoft 365, SharePoint, Exchange, Access and Project (versions 2013 or later) or any other Office Store-branded experience. "
Microsoft Store on Windows ”means a Store that Microsoft or its affiliates own and manage, for Windows devices, such as phones, PCs and tablets, or any other Microsoft Store-branded experience accessible on such Windows devices. "
Microsoft Store on Xbox ”means a Store owned and operated by Microsoft or its affiliates, available on the Xbox console, or any other Microsoft Store-branded experience available on the Xbox console.
the. License Terms.
Microsoft will identify the publisher of each application made available in the Store.
Unless the application is provided with specific license terms, the Standard License Terms for the Application, available at the end of these Terms, constitute an agreement between the User and the publisher of the application in which they are establish the license terms that apply to the use of an application downloaded through a Store owned and operated by Microsoft and its subsidiaries (excluding the Office Store).
For clarity, these conditions apply to the use of Microsoft Services and related services provided.
Article 5 of these Conditions also applies to any Third Party Services and Apps purchased through a Store.
Applications downloaded through the Office Store are not governed by the Standard License Terms for the Application and have specific license terms.
ii.
Updates.
Microsoft will automatically check for updates of the applications in use and will download them, even if the User has not logged in to the appropriate Store.
If you prefer not to receive automatic updates for Store applications, the User can change the system or Store settings.
Some Office Store applications hosted in whole or in part online may be updated at any time by the application developer and the User's authorization may not be required for the update.
iii.
Voting and Comments.
If the User submits a vote or a comment regarding an application or another Digital Product in the Store, he or she may receive an e-mail message from Microsoft with content from the publisher of the application or the Digital Product.
These types of messages come from Microsoft; Microsoft does not share the User's email addresses with the publishers of applications or other Digital Products purchased through the Store.
iv.
Safety Notice.
In order to avoid possible damage, discomfort or eye strain, the User should periodically interrupt the use of games or other applications, especially if they experience fatigue or pain during use.
If the User feels unwell, he will have to take a break.
Malaise could mean nausea, motion sickness, dizziness, disorientation, headache, fatigue, eyestrain, or dry eye.
The use of applications could be a source of distraction and estrangement from the surrounding environment.
The User must pay attention to tripping hazards, stairs, low ceilings, fragile or valuable objects that could be damaged.
A very small percentage of people may be subject to epileptic seizures as a result of exposure to certain visual images, such as flashing lights or patterns, which may appear in applications.
People who have never previously suffered from epilepsy may have an undiagnosed condition that can cause such seizures.
Some of the symptoms that may be encountered include dizziness, impaired vision, twitching, twitching or shaking of the limbs, disorientation, confusion, loss of consciousness or seizures.
In the presence of any of these symptoms, the user must immediately stop using the applications and consult a doctor; if the User has previously suffered from symptoms related to epileptic seizures, they must consult a doctor before using the applications.
Parents should monitor the use of applications by their children, in order to verify the possible occurrence of such symptoms.
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Microsoft Account Family Features
c. Microsoft Account Family Features.
Parents and children can use the features of the Microsoft family of accounts, including Microsoft Family Safety, to build trust based on a shared understanding of behaviors, websites, apps, games, physical locations and expenses that are appropriate in the family.
Parents can create a family by accessing https://account.microsoft.com/family (or by following the instructions on the Windows device or Xbox console) and inviting children or other parents to join.
Numerous features are available for family members.
The User who agrees to create a family or to join one must carefully read the information provided.
You will also need to do the same when purchasing Family Accessible Digital Products.
By creating a family or joining it, the User agrees to use this family in accordance with its purpose and not in an unauthorized way to illegally access the information of another person.
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Group messages
d. Group messages.
Several Microsoft services allow you to send messages to other users by voice or SMS ("messages") and / or allow Microsoft and its subsidiaries controlled by Microsoft to send such messages to you and to one or more additional users on behalf of the 'User.
WHEN YOU REQUEST MICROSOFT AND ITS SUBSIDIARIES CONTROLLED BY MICROSOFT TO SEND SUCH MESSAGES TO YOU OR OTHER USERS, YOU REPRESENT AND WARRANT TO MICROSOFT THAT YOU AND EACH OF THE ADDRESSEES OF THE MESSAGE, YOU AGREE TO RECEIVE THE MESSAGE ANY OTHER ADMINISTRATIVE ADMINISTRATIVE TEXT MESSAGES FROM MICROSOFT AND ITS SUBSIDIARIES CONTROLLED BY MICROSOFT. "
Administrative text messages ”are periodic transactional messages from a particular Microsoft service, including but not limited to“ welcome messages ”or instructions on how to stop receiving messages.
The User or group members who no longer wish to receive such messages may, at any time, explicitly refuse to receive others from Microsoft or from its subsidiaries, following the instructions provided.
If the User no longer wishes to receive such messages or participate in the group, he agrees to explicitly refuse by following the instructions provided by the applicable program or service.
If the User has reason to believe that a member of the group no longer wishes to receive such messages or participate in the group, he agrees to remove him from the group.
You further represent and warrant that, together with each recipient of Microsoft messages, you understand that each member of the group is responsible for the costs of the messages incurred by their telephone company, including the costs of international messages that may be applied when the messages will be broadcast from numbers based in the United States.
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Skype, Microsoft Teams e GroupMe
e. Skype, Microsoft Teams e GroupMe.
the. Emergency Services.
There are important differences between landline or mobile phone service and Skype, Microsoft Teams, and GroupMe.
Microsoft is under no obligation to provide access to Emergency Services for Skype, Microsoft Teams and GroupMe (with the exception of Skype to Phones in the manner described below) pursuant to any national laws, regulations or regulations or applicable locales.
The Skype software and products are not intended to support or make emergency calls to hospitals, law enforcement, medical emergency units, or other types of services that put a user in contact with emergency services personnel or entities. in charge of public safety ("Emergency Services").
Only the Skype to Phones feature will be able to support calls to Emergency Services in a very limited number of countries and only for certain platforms and software versions.
Details on the availability and how to configure this feature are available at the following address: https://www.skype.com/go/emergency.
After connecting the Skype emergency call to Phones, the User must indicate their location to allow the implementation of appropriate actions by the emergency services.
Microsoft makes no guarantees as to the outcome of the emergency call.
More information on calling 112, the dedicated emergency number for the EU, is available at www.skype.com/go/emergency.
ii.
Changes to Skype Paid Products.
If Microsoft makes changes to Skype paid products that are detrimental to the User, it will provide the latter with at least thirty (30) days notice and inform them that they have the right to discontinue use of the product before the changes are made.
The changes are considered accepted if the User does not stop using the product before they become effective.
At the time of notice, Microsoft will inform the User of this condition.
iii.
API o Broadcast.
If the User wishes to use Skype with any broadcast, he must comply with the "Broadcast Service Conditions" available at https://www.skype.com/go/legal.broadcast.
If the User wishes to use an application programming interface ("API") displayed or made available by Microsoft, the User must comply with the applicable license conditions, available at www.skype.com/go/legal.
iv.
Terms of Use.
Correct use criteria may apply to the use of the software and Skype products by the User.
The User may view these defined conditions to prevent situations of illicit and improper use and which may limit the type, duration or volume of calls or messages available to the User.
These conditions are to be considered incorporated into these Conditions by virtue of this reference and are available to the User at https://www.skype.com/go/terms.fairusage.
v. Maps.
The Skype software and products contain features that allow the User to send data to a map service or to use that service to track himself on a map.
By using these features, the User accepts these Terms and conditions relating to Google Maps available at https://www.google.com/intl/en_ALL/help/terms_maps.html.
vi.
Personal / Non-Commercial Use.
Skype software and products are intended for personal, non-commercial use only.
The User is not authorized to use Skype at work for their commercial communications.
vii.
Numero Skype/Skype To Go.
In the event that Microsoft provides the User with a Skype or Skype To Go Number, the User agrees not to have the number or to have the right to keep this number forever.
In certain countries, the User may receive a number from a Microsoft partner rather than from Microsoft itself and in this case it is possible that they may have to enter into a specific contract with that partner.
More details on the Skype Number can be found at https://go.skype.com/home.skype-number.
viii.
Skype Manager.
A "Skype Manager Management Account" is created and managed by the User, who acts as a single administrator of a Skype Manager group and not as a commercial legal person.
The User can link their single Microsoft account to a Skype Manager group ("Linked Account").
The User may appoint additional administrators of their Skype Manager, provided they accept these Terms.
If the User associates Skype Numbers with a Linked Account, they are responsible for compliance with all requirements related to the residence or location of the users of their Linked Account.
If the User chooses to remove the link from a Linked Account of a Skype Manager group, any assigned subscriptions, Skype Credit or Skype Numbers will not be recoverable and the material or User Content associated with the unlinked account will not be more accessible to the User.
The User agrees to process the personal data of his / her Linked Account in accordance with all applicable laws regarding the right to the protection of personal data.
ix.
Skype Rates and Refunds.
The rates for calls to non-subscription phones are set at a connection charge (one-time charge for each call) and a per-minute rate, as detailed at www.skype.com/go/allrates.
Call amounts will be deducted from your Skype Credit balance.
Microsoft may change the rates for calls to premium rate phones and numbers that are not part of a subscription.
In the event of material changes that are not beneficial to you (for example, in the event of a rate increase), Microsoft will notify you by email or otherwise deemed appropriate at least thirty (30) days before the changes take effect. .
After thirty (30) days, the new rates will be applied to the User's next call.
Current rates are available at www.skype.com/go/allrates.
The User will not have to make calls if he does not accept the new rates.
Charges for fractions of a minute and fractions of a monetary unit will be rounded up to the nearest whole unit.
Unless otherwise indicated, all prices for Skype paid products include applicable taxes, including VAT.
VAT is calculated based on the specified billing address.
The User explicitly waives any right to a refund of VAT by Microsoft if the amount of VAT, which Microsoft must pay to the tax authorities, is for any reason less than the amount of VAT applied to the User.
Skype paid products are not available to customers in the following locations: Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland, Büsingen / Buesingen, Ceuta, Melilla, Livigno, Campione d'Italia and Italian waters of Lake Lugano.
If the User uses a paid Skype product, the Cooling Off Period available will be terminated and the purchase cannot be canceled or refunded.
The expense of Skype Credit, the assignment of a Skype Number or the use of a subscription is to be considered as a "complete delivery" and / or "use" of a Skype paid product.
The User expressly agrees that the Skype Numbers can be assigned before the end of the Cooling Down Period and that they become non-refundable after the assignment.
Outside of the Cool-off Period, only unused or unexpired Skype subscriptions are refundable under these Terms.
The Cool-off Period and Refunds do not apply to Skype paid products (i) purchased through a third party partner, (ii) paid in cash through a third party payment method (e.g., a cash wallet), (iii) not purchased directly online from Microsoft (for example, vouchers or prepaid cards) or (iv) assigned to your account by a third party.
Notwithstanding the foregoing, you may be entitled, under applicable law, to a refund, upon request, of any prepaid subscription balance if you pass your Skype Number to another provider.
x. Skype Credit.
Microsoft does not guarantee that You will be able to use your Skype Credit balance to purchase any Skype paid products.
If the User does not use Skype Credit for a period of 180 days, Microsoft will render this credit inactive.
The User can reactivate the Skype Credit through the appropriate link available at https://www.skype.com/go/store.reactivate.credit.
The User can activate the Auto Top-up option when purchasing Skype Credit, by selecting the appropriate box.
In this case, every time the User's Skype balance falls below the threshold set from time to time by Skype, it will be recharged with the same amount and through the same payment method chosen by the User.
If the User who activates the Auto Top-up has purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), the relative balance of the Skype Credit will be recharged with the amount necessary for the purchase of the next renewal. .
The User can disable the Auto Top-up at any time by logging in and changing the settings in the Skype account portal.
xi.
Rates of International Messages.
GroupMe and Microsoft Teams currently use US-based numbers for each group created.
Any SMS sent to or received from a GroupMe or Microsoft Teams number counts as an international SMS sent to or received from the United States.
The User must contact their operator to find out the associated international rates.
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Bing e MSN
f. Bing e MSN.
he. Material on Bing and MSN.
Articles, text, photos, maps, videos, video players and other third party material available on Bing and MSN, including through Microsoft bots, applications and programs, are for personal, non-commercial use only.
Other uses, such as downloading, duplicating or redistributing such materials, or using such materials or products to make products for personal use, are permitted only to the maximum extent specifically authorized by Microsoft or its rights holders or permitted by law. applicable to copyright matters.
Microsoft or other rights holders reserve all rights in the material not expressly granted by Microsoft under the license terms.
ii.
Bing Folder.
You may not use the panoramic images of the United States, Canada, Mexico, New Zealand, Australia or Japan for government related uses without Microsoft's separate written approval.
iii.
Bing Places.
When you provide your Data or User Content to Bing Places, you are granting Microsoft a worldwide and free intellectual property license to use, reproduce, save, modify, aggregate, promote, transmit, display or distribute in the scope of a service and sublicense those rights to third parties.
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Cortana
g. Cortana.
the. Personal, Non-Commercial Use.
Cortana is Microsoft's personal support service.
The features, services and content provided by Cortana (collectively "Cortana Services") are intended for personal, non-commercial use only.
ii.
Functionality and Content.
Cortana offers a number of features, some of which are customized.
Cortana's Services may allow the User to access services, data or features provided by other Microsoft Services or by Third Party Apps and Services.
The specific Terms of Use of the services contained in Article 13 also apply to the use of Microsoft Services accessible through the Cortana Services.
Cortana makes information available to the User only to help with planning and the User, examining them, will have to evaluate them independently.
Microsoft does not guarantee the reliability, availability or timeliness of personalized experiences provided by Cortana.
Microsoft is not responsible for the fact that a Cortana feature postpones or prevents the User from receiving, analyzing or sending a communication or notification or obtaining a service.
iii.
Third Party Apps and Services.
By providing its Services, Cortana will be able to suggest Third Party Apps and Services to the User and help them interact with them (related services or third party skills).
If the User so desires, to help him obtain the requested services, Cortana may exchange data with Apps and Third Party Services, such as the zip code and the questions and answers returned by the Apps and Third Party Services.
Cortana may allow the User to make purchases through Third Party Apps and Services using the preferences and settings of the account that they have established directly with such Third Party Apps and Services.
The User can disconnect the Cortana Service in use from the Apps and Third Party Services at any time.
The use of Cortana's Services to connect with the Apps and Third Party Services is governed by Article 5 of these Conditions.
Publishers of Third Party Apps and Services may change or discontinue the functionality or functions of such Third Party Apps and Services or integration with Cortana Services.
Microsoft is not responsible for any software or firmware provided by such manufacturers.
iv.
Devices with Cortana.
Devices with Cortana are products or devices capable of accessing the Cortana Services or products or devices that are compatible with the Cortana Services.
Devices with Cortana include third-party devices or products that are not owned by Microsoft and that Microsoft does not manufacture or develop.
Microsoft is not responsible for such third-party devices or products.
v. Software Updates.
Microsoft may automatically check the software version of the Cortana Services, which is necessary to provide the Services, and download software updates or configuration changes, at no charge to the User, or request the device manufacturers for Cortana to keep the Cortana device up to date. Cortana Services software.
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Office services
h. Office services.
the. Microsoft 365 Home, Microsoft 365 Personal, Office Online, Sway, OneNote.com, and any other Microsoft Office 365 or Office-branded subscription services are intended for your personal, non-commercial use only, unless the latter has no commercial use rights under a specific agreement with Microsoft.
Use of apps, such as Word, Excel, PowerPoint, Outlook, OneDrive, Access, and Publisher, in Microsoft 365 Family, Microsoft 365 Personal, and other Microsoft 365 subscription services is governed by the additional license terms available at https://aka.ms/useterms and these Terms.
ii.
Outlook.
Outlook includes the use of Bing Maps.
Any content provided through Bing Maps, including geocodes, can only be used within the product through which the content is delivered.
Use of Bing Maps is governed by the Bing Maps End User Terms of Use and the Microsoft Privacy Policy available at go.microsoft.com/?linkid=9710837 and go.microsoft, respectively. com / fwlink /? LinkID = 248686.
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Microsoft Health Services
the. Microsoft Health Services.
i. Microsoft Band.
The device and the Microsoft Band application are not medical devices and are to be used exclusively for purposes related to fitness and well-being.
They are not designed or intended for use in the diagnosis of disease or other health conditions, or for the cure, reduction, treatment or prevention of disease or other health conditions.
Microsoft is not responsible for any decisions made based on data received from Microsoft Band.
ii.
Health Bot.
Health bots, which may include action plans, analyzes, reminders and other functions, are not medical devices and are to be used exclusively for purposes related to fitness and well-being with a program prepared by a healthcare professional.
They are not intended to be used in the diagnosis of disease or other health conditions, or for the cure, reduction or treatment of disease or other health conditions, nor are they intended to replace professional medical advice.
The User assumes full responsibility for his use of health bots.
Microsoft is not responsible for any decisions made based on data received through health bots.
The User must always consult a doctor with any questions regarding medical conditions, diets, fitness or wellness programs before using the health bots.
The User must not ignore the professional opinion of a doctor or delay the use of medical treatment due to the information consulted or available through the Services.
As with technology, health bots may not perform as intended for multiple reasons, including loss of power or connectivity.
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Digital Products
j. Digital Products.
Through Microsoft Groove, Microsoft Movies and TV, Store, Xbox Services and any other future and related services, Microsoft may allow you to obtain, listen to, view, play or read (as applicable) music, images, videos, text , books, games or other material ("Digital Products") which may be obtained by the User in digital format.
The Digital Products are exclusively for personal entertainment and not for commercial use by the User.
The User agrees not to redistribute, transmit, publicly perform or publicly display or to transfer copies of the Digital Products.
The Digital Products may be owned by Microsoft or third parties.
In all cases the User understands and acknowledges that his rights in relation to the Digital Products are limited by these Terms, the copyright law and the rules on use available at https://go.microsoft.com/fwlink / p /? LinkId = 723143.
The User accepts that for no reason will he attempt to modify the Digital Products obtained through one of the Services, for example with the intention of masking or modifying the ownership or origin of the Digital Products.
Microsoft or owners of the Digital Products may periodically remove the Digital Products from the Services without notice.
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OneDrive
k. OneDrive.
the. Memory Allocation.
If the User has stored more content in their OneDrive account than is permitted under the terms of use of the free or paid subscription service for OneDrive and does not respond to communications from Microsoft inviting them to secure the account by removing of the excess content or switching to a new subscription plan with more memory within 30 days of receiving the notice (or any longer period specified in the notice), Microsoft reserves the right to terminate the account of the User and to delete or disable access to their Content on OneDrive.
ii.
Service delivery.
Based on factors, such as equipment, Internet connection and Microsoft's efforts to maintain the performance and integrity of the service offered, the User may occasionally experience delays in uploading or synchronizing content on OneDrive.
iii.
Notice of the Deadline.
Microsoft will provide the User with at least one month's notice before closing the OneDrive account due to inactivity pursuant to Article 4.a.ii.
If the User is a OneDrive subscriber, Microsoft will not close the account due to inactivity during the periods in which the User has paid for the use of OneDrive.
iv.
Changes to the OneDrive Service.
Microsoft will notify you at least 30 days in advance if any changes to the free or paid OneDrive service prevent the User from accessing their Content on OneDrive.
v. Paid Subscriptions.
If Microsoft reduces OneDrive data storage limits or cancels the OneDrive service, the User will be able to cancel their paid OneDrive subscription and will receive a prorated refund from Microsoft for the unused service.
Microsoft will communicate this change to the User with 30 days' notice and the User must proceed with the cancellation within the period established in the communication.
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Microsoft Rewards
l. Microsoft Rewards.
the. Microsoft Rewards (the "Program") allows you to earn points redeemable for activities, such as qualified research, purchases and other Microsoft offers.
Offers may vary by market.
A search is the act of a single user entering text manually for the purpose of obtaining, in good faith, Bing search results based on their needs and does not include queries entered by a bot, macro or other automated tool. or fraudulent of any kind ("Research").
A purchase is the process of purchasing goods or downloads and purchasing a digital content license from Microsoft, whether free of charge or for a fee (“Purchase”).
Microsoft Rewards points are not offered for every purchase made through Microsoft.
Microsoft may from time to time offer additional opportunities to earn points, and each offer will only be available for a specified period of time.
The points earned can be redeemed for rewards listed on the appropriate page at https://aka.ms/redeemrewards ("Rewards").
For more information, the User can refer to the Rewards section available at support.microsoft.com (https://support.microsoft.com) ("Frequently Asked Questions").
1.
Program Requirements.
The User must have a valid Microsoft account and his devices must meet the minimum system requirements (https://account.microsoft.com/rewards/).
The Program can be joined by users residing in the markets listed in the Frequently Asked Questions.
Each user cannot have more than one Program account, even if they have multiple email addresses, and families have a limit of six accounts.
The Program is intended for personal use only and may not be used for commercial purposes.
2.
Points.
The User can only share the points within their Microsoft family (operation subject to possible limitations) or donate them to the non-profit organizations indicated on the redemption page, they will not be able to transfer them.
The points are not personal property of the User and the User will not be able to receive either cash or money in exchange.
The points are granted to the User on a promotional basis.
The User cannot purchase points.
Microsoft may limit the amount of points or Rewards per person, per family or for a certain period (for example, one day) as long as this is not to the detriment of the User in violation of the principle of good faith.
The User may not redeem more than 550,000 points per calendar year in the Program.
Points earned in the Program are not valid in other programs offered by Microsoft or third parties, nor can they be used in conjunction with them.
Unredeemed points expire if the User does not earn or redeem points for 18 months.
3.
award
The User may redeem points or may donate points to a designated non-profit organization by visiting the redemption page (https://aka.ms/redeemrewards) or by registering to make automatic offers to non-profit organizations through a donation program .
A particular Reward may be available in a limited quantity and will be awarded to those who request it first.
It is possible that the User may be asked for other data, such as a postal address and a telephone number (not a VOIP or toll-free number), and may also be asked to enter a fraud prevention code or to sign legal documents to redeem points for Rewards.
Once a Reward has been ordered, the User cannot cancel or return it with the claim that the points will be returned, except in the case of defective products or if required by applicable law.
If the User orders a Reward that is out of stock or is no longer available for other reasons, Microsoft may replace it with a Reward of comparable value or refund the points.
Microsoft may update Rewards offered on the redemption page or stop offering specific Rewards.
There may be age limits for some Awards.
These requirements will be included in the specific offer.
The User is responsible for all federal, state and local taxes and any other costs involved in accepting and using the Reward.
The Rewards will be sent to the e-mail address associated with the User's Microsoft account, therefore the User must keep their address updated.
Rewards that cannot be sent will not be reissued and will be lost as a result.
Rewards cannot be sold.
More information on how to automatically offer points to nonprofits can be found at the Donate with Bing FAQ page (https://www.microsoft.com/rewards/give-mode-overview).
4.
Cancellation of the User's participation in the Program.
If the User no longer wishes to participate in the Microsoft Rewards program, he must explicitly express his refusal by following the instructions available on the appropriate page (https://account.microsoft.com/rewards/optout?confirm=false).
Following the refusal, the User will immediately lose all the points available to him.
The User's Program account may be deleted if the User does not log in at least within 18 months.
In addition, Microsoft reserves the right to cancel a specific user's Program account if it deems that the User is altering, misusing or defrauding the Program or is in breach of these terms.
In the event of cancellation of the Program (by the User or by Microsoft) or if the Program is suspended, the User will have 90 days to redeem the points; otherwise, these points will be lost.
Upon cancellation, the User's right to use the Program and to collect other points expires.
5.
Other conditions.
Microsoft reserves the right to set You as unqualified, disable your access to the Program or your Rewards account, and / or withhold points, Rewards and charitable donations, if it deems you to be tampering with or misusing aspects of the Program, is ineligible for a Reward for legal reasons (for example, export control laws) or may be involved in activities that violate these Terms.
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Azure
m. Azure.
The use of the Azure service is governed by the conditions of the specific contract under which the User obtained the services, as detailed in the Microsoft Azure Legal Information page at https://aka.ms/AA7z67v.
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Various
14.
Various.
This Article and Articles 1, 9 (for amounts incurred before the expiration of these Conditions), 10, 11, 12, 16 and those which by their conditions apply after its expiry will extend their validity after termination or termination. cancellation of these Conditions.
Microsoft may assign, transfer or otherwise dispose of its rights and obligations under these Terms, in whole or in part, at any time and without notice, provided that such assignment, transfer or availability does not harm the User.
The User may not assign, transfer or otherwise dispose of these Conditions or any rights to use the Services.
These Terms constitute the entire agreement between the User and Microsoft in relation to the use of the Services and prevail over any previous agreement between the User and Microsoft relating to the use of the Services.
All parts of these Terms apply to the maximum extent permitted by specific law.
If a court or an arbitrator may deem a part of these Conditions as written as unenforceable, these Conditions will be considered as replaced with similar and enforceable conditions to the extent permitted by applicable law, but the remainder of the Conditions will not be changed.
These Terms are for the sole benefit of the User and Microsoft.
Therefore, other subjects are excluded, with the exception of Microsoft's successors and assignees.
The headings of the Articles are purely indicative.
15.
Waiver of End User Protection Provisions.
If the User is a micro-enterprise, a small company or a non-profit organization, he agrees to waive all the rights he would otherwise enjoy under the European Code of Electronic Communications (Directive 2018/1972), Article 102, paragraphs 1, 3 and 5, Article 105, paragraph 1 and Article 107, paragraphs 1 and 3.
16.
Export provisions.
The User must comply with all national and international laws and regulations on export control applicable to the software and / or the Services, including restrictions on destinations, end users and end use.
Further information on geographical and export restrictions are available at https://www.microsoft.com/exporting.
17.
Reservation of Rights and Comments.
Except as expressly provided in these Terms, Microsoft does not grant you any licenses or other rights of any kind under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property belonging to Microsoft or related entities. or controlled by Microsoft or related entities, including, but not limited to, company names, logos, logos, or equivalent symbols.
If You provide Microsoft with ideas, proposals, suggestions or comments, including, without limitation, new product ideas, technologies, promotions, product names, product comments and product improvements ("Comments"), you grant Microsoft , free of charge, without royalty or other obligations to you, the right to make, have made, create derivative works, use, share and market your Comments in any way and for any purpose.
The User will not provide any Comments that are subject to a license that requires Microsoft to license its software, technologies or documentation to third parties for including User Comments.
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COMMUNICATIONS
Communications and procedure for filing complaints for infringement of intellectual property.
Microsoft respects the intellectual property rights of others.
Any complaint relating to the infringement of intellectual property, including complaints for copyright infringement, must be sent by the User to the person designated by Microsoft.
For details and contact information, the User can visit the page with the information relating to the Communications and Procedures for Proposing Complaints for Infringement of Copyright Rights (https://www.microsoft.com/info/cpyrtInfrg.html).
Microsoft uses procedures established under Title 17, United States Code, Section 512 to respond to communications relating to copyright infringement.
In certain circumstances, Microsoft may also disable or terminate the accounts of users of Microsoft services who may be recurring infringers.
Notices and Procedures Regarding Intellectual Property Concerns in Advertisements.
The User may view the Intellectual Property Rules (https://go.microsoft.com/fwlink/?LinkId=243207) of Microsoft regarding doubts about intellectual property in the advertising network.
Copyright and Trademark Information.
The Services are copyrighted © of Microsoft Corporation and / or its suppliers, One Microsoft Way, Redmond, WA 98052, USA.
All rights reserved.
The Terms incorporate Microsoft's Trademark Guidelines (https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/usage/general.aspx) (and related periodic amendments).
Microsoft and the names, logos and icons of all Microsoft products, software programs and services may be registered or unregistered trademarks of the Microsoft group of companies in the United States and / or other countries.
The list of Microsoft registered trademarks available at https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/EN-US.aspx is not complete.
Real product and company names may be trademarks of their respective owners.
Any rights not expressly granted under these Terms are reserved.
Some software products used on certain Microsoft website servers are based in part on the work of the Independent JPEG Group.
Copyright © 1991 -1996 Thomas G. Lane.
All rights reserved.
The “gnuplot” software used in some Microsoft website servers is copyrighted © 1986-1993 Thomas Williams, Colin Kelley.
All rights reserved.
Medical Communications.
Microsoft does not provide medical or health advice, diagnosis or treatment.
The User is required to contact their doctor or other qualified health care practitioner for any questions regarding medical conditions, diets, fitness or wellness programs.
The User must not ignore the professional opinion of a doctor or delay the use of medical treatment due to the information consulted or available through the Services.
Equity shares and indices (including index values).
The financial information provided through the Services is intended solely for personal and non-commercial use.
The User may not use the financial data or trademarks of third party licensors in connection with the issuance, creation, sponsorship, sale, marketing or promotion of financial instruments or investment products, including, by way of example, derivatives, structured products, investment funds, EFTs or investment portfolios, in which the price, income and / or performance of the investment instrument or product are based on, are related to, or are intended to track financial data) without having entered into a specific written contract with the third-party licensor.
Financial communication.
Microsoft is not a broker / broker or registered financial advisor under the Federal Securities Law of the United States or the securities laws of other jurisdictions and does not advise individuals to buy, sell or invest in any securities or other financial products or services.
No information contained in the Services constitutes an offer or an invitation to buy or sell any security.
Microsoft and its quotation or index data licensors do not endorse or recommend any particular financial product or service.
No information contained in the Services is intended as professional advice, including, without limitation, tax or investment advice.
Notice Regarding H.264 / AVC, MPEG-4 Visual and VC-1 Video Standards.
The software may include H.264 / AVC, MPEG-4 Visual and / or VC-1 video decoding technology, which may be licensed by MPEG LA, L.L.C and which consists of an information data compression format video.
MPEG LA, L.L.C. requires the following communication:
THIS PRODUCT IS LICENSED UNDER THE H.264 / AVC, MPEG-4 VISUAL AND VC-1 PATENT PORTFOLIO LICENSES FOR PERSONAL AND NON-COMMERCIAL USE BY A CONSUMER FOR THE PURPOSE OF (A) CODING VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") OR (B) DECODING THE H.264 / AVC, MPEG-4 VISUAL AND VC-1 VIDEO ENCODED BY A CONSUMER ENGAGED IN A PERSONAL, NON-COMMERCIAL BUSINESS AND / OR RECEIVED BY A VIDEO PROVIDER AUTHORIZED TO DISTRIBUTE SUCH VIDEO.
LICENSES DO NOT EXTEND TO ANY OTHER PRODUCT, EVEN IF SUCH PRODUCT IS INCLUDED IN THIS SOFTWARE IN A SINGLE ARTICLE.
NO LICENSE IS GRANTED OR IMPLIED FOR ANY OTHER USE.
FOR FURTHER INFORMATION, YOU SHOULD CONTACT MPEG LA, L.L.C., BY VISITING THE MPEG LA WEBSITE (https://www.mpegla.com).
For the sake of clarity, this communication does not limit or prohibit the use of the software provided under these Terms for normal commercial uses that are specific to the commercial activity carried out and do not include (i) the redistribution of the software to third parties or (ii) the creation of material with technologies compliant with VIDEO STANDARDS for distribution to third parties.
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STANDARD LICENSE CONDITIONS FOR APPLICATION
STANDARD LICENSE CONDITIONS FOR APPLICATION
FOR APPLICATIONS OFFERED IN THE EUROPEAN ECONOMIC AREA
MICROSOFT STORE, MICROSOFT STORE ON WINDOWS AND MICROSOFT STORE ON XBOX
These license conditions constitute a contract between the User and the publisher of the application.
The User must read them carefully.
These terms apply to software applications that You download from the Microsoft Store, Microsoft Store on Windows or Microsoft Store on Xbox (each of which is referred to in these license terms as the "Store"), including any related updates or supplements. to the application, unless the application is supplied with specific conditions, in which case the latter will apply.
IF THE USER DOES NOT ACCEPT THESE CONDITIONS, HE WILL NOT HAVE ANY RIGHTS NOR HAVE TO DOWNLOAD OR USE THE APPLICATION.
The publisher of the application indicates the legal person who grants the application under license to the User, as specified in the Store.
If the User complies with these license conditions, he will be granted the following rights.
1.
RIGHTS OF INSTALLATION AND USE.
The User may install and use the application on Windows devices or Xbox consoles as described in the Microsoft Rules of Use (https://go.microsoft.com/fwlink/p/?LinkId=723143).
Microsoft reserves the right to change its Usage Rules at any time (https://go.microsoft.com/fwlink/p/?LinkId=723143).
2.
INTERNET BASED SERVICES.
to. Consent to the use of Internet-based or wireless services.
If the application connects to computers on the Internet, including via a wireless network, the use of the application acts as consent to the transmission of standard information about the device (including, but not limited to, technical information on application, system and device and peripherals) for Internet-based and wireless services.
If other conditions are provided in relation to the use of the services accessed while using the application, these conditions also apply.
b. Misuse of Internet-Based Services.
The User may not use the Internet-based services in any way that may intentionally damage them or affect the use of the same or the wireless network by others.
The User may not use the service to attempt to gain unauthorized access by any means to services, data, accounts or networks.
3.
SCOPE OF LICENSE.
The application is not sold, but is licensed.
This contract grants the User only some rights to use the application.
If, pursuant to the agreement between Microsoft and the User, the use of applications on the User's devices is no longer enabled, any associated license rights will cease.
The publisher of the application reserves all other rights.
Within the maximum limit permitted by applicable law, the User may use the application exclusively in the ways expressly permitted in this contract.
In doing so, the User must comply with any technical limitations of the application that allow him to use it only in certain ways.
The User will not be able to:
to. circumvent the technical limitations present in the application;
b. decompile or disassemble the application, except and only for cases where such activities are expressly authorized by the provisions of the applicable copyright law for computer programs;
c. make more copies of the application than specified in this contract or permitted by applicable law, despite this limitation;
d. publish or otherwise make the application available to allow duplication by others;
And. rent, lease or loan the application;
f. transfer the application or this contract to third parties.
4.
DOCUMENTATION.
If the documentation is provided with the application, the User can duplicate it and use it for personal reference purposes.
5.
RESTRICTIONS RELATING TO TECHNOLOGY AND EXPORT.
The application may be subject to United States or international laws and regulations applicable to technology control or export.
The User must comply with all national and international laws and regulations on export control applicable to the technology used or supported by the application.
These laws include restrictions on destinations, end users and end use.
For more information on Microsoft branded products, the User may visit the Microsoft product export website (https://go.microsoft.com/fwlink/?linkid=868967).
6.
TECHNICAL SUPPORT SERVICES.
The User must contact the publisher of the application to determine if technical support services are available.
Microsoft, the hardware manufacturer and the wireless carrier are not responsible for providing technical support services for the application, unless one of them is the publisher of the application.
7.
ENTIRE AGREEMENT.
This agreement, any applicable privacy policy, any additional conditions relating to the application and the conditions for supplements and updates constitute the entire license agreement for the application stipulated between the User and the publisher of the application.
8.
APPLICABLE LAW.
to. United States and Canada.
If you have purchased the application in the United States or Canada, these terms will be governed by and construed under the laws of the state or province in which you reside (or, in the case of a company, the primary place where the company carries out its business) and these laws will apply to complaints relating to contractual breaches and to all other complaints, including those relating to breaches of consumer protection legislation, breaches of the rules on unfair competition and tort, regardless of the principles governing the conflict of laws.
b. Outside the United States and Canada.
If the User has acquired the application in any other country, these conditions will be governed by the laws of that country.
9.
LEGAL EFFECTS Certain rights are granted with this contract.
You may be granted other rights under the law of the country of residence.
This agreement does not modify the licensee's rights which the law of his country of residence does not allow to modify.
10.
DISCLAIMER OF WARRANTIES.
The application is licensed "as is", "with all defects" and "according to availability".
The publisher of the application, on behalf of itself, Microsoft (if Microsoft is not the publisher of the application), the mobile operators on whose network the application is distributed, each of the respective subsidiaries and each of their respective suppliers or those acting on Microsoft's behalf (“Interested Parties”) make no additional warranties or contractual conditions with respect to the application.
All the mandatory guarantees required by law are granted to the User; Microsoft does not, however, make any additional additional warranties.
To the fullest extent permitted by local law, the Interested Parties exclude any implied mandatory warranties, including warranties of merchantability (quality not below average), fitness for a specific purpose, safety, comfort and non-infringement of third party rights.
11.
LIMITATION ON REMEDIES AND DAMAGES.
to. The publisher of the application will not be responsible for User content or other third party material, including links to third party websites and activities provided by users.
These contents and activities are not attributable to the publisher of the application nor do they represent the opinion of the publisher of the application.
b. The publisher of the application will be liable only in the event that substantial obligations of these license conditions have been violated.
c. The publisher of the application, its delegates acting on its behalf and / or its legal representatives will not be liable for unforeseen damages and / or financial losses in connection with any indirect damage, including loss of profit, except in the case of gross negligence or willful misconduct of the publisher of the application, its delegates acting on its behalf and / or its legal representatives.
d. Any strict liability provided by law of the publisher of the application, including, by way of example, liability under the law on product liability and legal liability for breach of the warranty, will not be affected by the limitation of liability.
The same principle will apply to the responsibility of the publisher of the application, of its delegates acting on its behalf and / or its legal representative in the event of an unlawful act or negligence that causes death or personal injury.
And. No other contractual and legal complaint other than the provisions of subparagraphs from (a) to (e) of this Article 11 may be proposed under these license conditions for the application and / or derived from the use of the application. or the services made available through the application.
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Services included
The products, apps and services listed below are covered by the Microsoft Services Agreement, but may not be available in the User's market.
Account Microsoft
Account.microsoft.com
App Device Health
Bing search app
Maps app
Microsoft Office 365 Support and Recovery Assistant
Bing App
Bing Dictionary
Bing Image and News (iOS)
Bing Folder
Bing Search APIs/SDKs
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
Microsoft Account Family
Feedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”)
Film e TV Microsoft
Forms.microsoft.com
forzamotorsport.net
Minecraft games
Windows games, apps and websites published by Microsoft
Xbox Game Studios games, apps, and websites
Groove Music Pass
Groove
GroupMe
LineBack
Microsoft 365 Business Standard e Microsoft 365 Apps*
* Until a commercial domain is established for the use of these services.
Once established, separate Microsoft business terms will apply.
Microsoft 365 Consumer
Microsoft 365 Family
Microsoft 365 Personal
Microsoft Academic
Microsoft Add-Ins for Skype
Microsoft Bots
Microsoft Educator Community
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 XiaoIce
Minecraft Realms Plus and Minecraft Realms
Mixer
MSN Dial Up
MSN Explorer
MSN Food & Drink
MSN Money
MSN News
MSN Premium
MSN Health and Wellness
MSN Sport
MSN Time
MSN Travel
MSN.com
Next Lock Screen
Office 365 Pro Plus optional connected experiences
Office in Microsoft 365 Consumer
Office in Microsoft 365 Family
Office in Microsoft 365 Personal
Office for the web (formerly Office Online)
Office Store
Office Sway
Office.com
OneDrive.com
OneDrive
OneNote.com
Outlook.com
Pages on Bing
Paint 3D
Presentation Translator
Windows Photo Gallery
Rinna
rise4fun
Discounts from Bing
Seeing AI
Send
Microsoft Desktop Wallpapers
Skype in the Classroom
Skype Manager
Skype.com
Skype
Smart Search
Snip Insights
Spreadsheet Keyboard
Store
Sway.com
to-do.microsoft.com
Translator for Microsoft Edge
Translator Live
UrWeather
ux.microsoft.com
Video Breakdown
Visio Online
Web Translator
whiteboard.office.com
Windows Live Mail
Windows Live Writer
Windows Movie Maker
Windows Store
Xbox Game Pass
Xbox Live Gold
Xbox Live
Xbox Music
Xbox Store