Windows 10: Changes to Microsoft Services Agreement

Brink · Mar 17, 2018

Your Services Agreement made clearer

You’re receiving this email because we are updating the Microsoft Services Agreement, which applies to one or more Microsoft products or services you use. We’re making these updates to clarify our terms and ensure that they remain transparent for you, as well as to cover new Microsoft products, services and features.

The Microsoft Services Agreement is an agreement between you and Microsoft (or one of its affiliates) that governs your use of Microsoft consumer online products and services.

You can read the entire Microsoft Services Agreement here. You can also learn more about these updates on our FAQ page here, including a summary of the most notable changes. The updates to the Microsoft Services Agreement will take effect on May 1, 2018. If you continue to use our products and services on or after May 1, 2018, you are agreeing to the updated Microsoft Services Agreement.

If you do not agree, you can choose to discontinue using the products and services, and close your Microsoft account before these terms become effective. If you are a parent or guardian, you are responsible for your child’s or teenager’s use of Microsoft products and services, including purchases.

Thank you for using Microsoft products and services.

Summary of Changes to Microsoft Services Agreement

We have provided a summary of the most notable changes to the Microsoft Services Agreement. To see all of the changes, please read the full Microsoft Services Agreement here.

In the header, we’ve updated the publication date to March 1, 2018 and the effective date to May 1, 2018.

In the introduction, we’ve removed references to our prior Xbox Live Terms of Use and Skype Terms of Use.

In the Your Privacy section, we’ve added details on our policies relating to Data processing under the Microsoft Privacy Statement.

In the Your Content section, we’ve added references to broadcasts and sharing.

In the Code of Conduct section, we’ve clarified that use of offensive language and fraudulent activity is prohibited. We’ve also clarified that violation of the Code of Conduct through Xbox Services may result in suspensions or bans from participation in Xbox Services, including forfeiture of content licenses, Xbox Gold Membership time, and Microsoft account balances associated with the account.

In the Using the Services & Support section, and throughout the Terms, we’ve updated references to Skype accounts, which are now Microsoft accounts. We’ve clarified that we may provide service notifications through email, SMS or by other means (for example by in-product messages). We’ve also added a new section to clarify what happens when Services are cancelled.

In the Using Third-Party Apps and Services section, we’ve clarified that Third-Party Apps and Services may include skills, integrations and bots. We’ve also clarified that Microsoft is not liable to you or others for information or services provided by Third-Party Apps and Services.

In the Software License section, we’ve clarified that for certain devices, software may be pre-installed for your personal, non-commercial use of the Services.

In the Payment Terms section, we’ve clarified that for recurring payments, you are authorizing Microsoft to store your payment instrument and process payments with it. We’ve clarified that we may remind you by email, or other reasonable manner, before any Services renew for a new term. We’ve also added a new section for bank account payment methods.
For customers living outside of the United States, Europe and China, we’ve also clarified that Skype calculates taxes based on the residential address associated with your billing information.

In the Contracting Entity section, we’ve updated the Skype contracting entity for cost-free and paid Skype Services to Skype Communications S.a.r.l, 23-29 Rives de Clausen, L-2165 Luxembourg.
For customers living in Australia, we’ve updated the contracting entity for paid Services to Microsoft Pty Ltd, 1 Epping Road, North Ryde, NSW 2113, Australia. For customers living in New Zealand, we have updated the contracting entity for paid Services to Microsoft New Zealand Limited, Level 5, 22 Viaduct Harbour Avenue, PO Box 8070 Symonds Street, Auckland, 1150 New Zealand.
For customers living in China, for applications or other digital content acquired through the Windows Store in China (on devices running Windows 10 or later), we have updated the contracting entity to Hangzhou NetEase Zengying Technology Co., Ltd., located at Netease Building, No. 599, Wangshang Road, Binjiang District, Hangzhou, PRC.

In the Limitation of Liability section, we’ve clarified that the limitation applies to a loss or a breach of agreement.

In the Service-Specific Terms section, we’ve clarified that service-specific terms govern if they conflict with the general terms.

In the Xbox section, we’ve clarified that when you sign up to Xbox Live or receive Xbox Services, information about your game play, activities and usage of games and Xbox Services will be tracked and shared with applicable third party game developers so Microsoft and the third party game developers can operate their games and deliver the Xbox Services. We’ve added new sections for Xbox’s Arena and Mixer Services, in available markets, and a new section to address cheating and tampering software.

In the Store section, we’ve clarified that these Terms cover the use of, and services provided by, Microsoft Services, but in some cases separate terms may govern the software. We’ve also clarified that the Ratings and Reviews section applies to all Digital Goods in the Store.

In the Microsoft Family Features section, we’ve reminded you to carefully review the features and information provided when you purchase Digital Goods for family access.

In the Skype section, we’ve added a new section for Skype’s send and receive money feature, in available markets.
For customers living in the United States, we’ve clarified that if your Microsoft account is closed, any unused Skype credit associated with your Microsoft account will be lost and cannot be retrieved.
For customers located in Japan, we’ve clarified that if you buy Skype Credit from the Skype website, your Skype Credit expires 180 days after the date of purchase. Once your credit expires, you will no longer be able to reactivate it or use it.

In the Bing section, we’ve clarified that Bing and MSN may make content available through Microsoft bots, applications and programs. We’ve updated the Bing Places section to include Bing Manufacturer Center. We’ve also moved the Microsoft Rewards Program into its own section.

In the Cortana section, we’ve clarified that Cortana Services are for personal, non-commercial use. We’ve also clarified our terms relating to Cortana-enabled devices, Cortana software updates, and the use of third-party apps and services through Cortana.

In the Office Services section, we’ve clarified that Office 365 Home, Office 365 Personal, Office 365 University, Office Online, Sway, OneNote.com and any other Office 365 subscription or Office-branded Services are for your personal, noncommercial use, unless you have commercial use rights under a separate agreement with Microsoft.

In the Microsoft Health Services section, we’ve removed references to Microsoft Health, and we’ve clarified terms for Health Bots and HealthVault Insights, in available markets.

We’ve added a new section for our Microsoft Rewards Program, in available markets.

For customers living in the United States, in the Binding Arbitration and Class Action Waiver section, we’ve clarified that disputes to be arbitrated include those about advertising, marketing, communications, your purchase transaction, or billing. We’ve also summarized AAA Consumer Arbitration Rule R-14(a) that allows arbitrators to rule on their jurisdiction and other preliminary matters, and clarified that courts enforce your and our agreement to bring only individual arbitrations.

In the Miscellaneous section, we’ve clarified that the Reservation of Rights and Feedback section survives termination or cancellation of the Terms.

In the Reservation of Rights and Feedback section (previously titled Unsolicited Ideas), we’ve updated our terms relating to reservation of rights and feedback.

In the Notices section, we’ve updated the copyright date to 2018.
For customers located in the United States, we’ve also added a tax notification page with relevant U.S. state and local sales/use tax information.

We’ve made clarification updates to the Standard Application License Terms.

Throughout the Terms, we’ve made changes to improve clarity and address grammar, typos and similar issues.

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Source: Email from Microsoft

See also: Updates

Faith · Mar 18, 2018

Does anyone actually read these service agreements and any supplementary articles sent to you? I'm yawning by just looking at them. They should have explosions, bears wrestling, volcanoes erupting and tacos to make them more appealing, just sayin'.

:)

Taffy087 · Mar 18, 2018

Microsoft Services agreement

If this is what you see in the email, it's genuine. Your options are (1) do nothing = you accept the new terms or (2) reject them - the consequences are shown.

Hoping this helps.

the demon barber · Mar 18, 2018

Microsoft Services agreement

Thanks Taffy087!!

Kari · Mar 18, 2018

Does anyone actually read these service agreements and any supplementary articles sent to you?
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Most of us geeks have a motto "real professionals don't read manuals". Same applies to EULAs and service agreements.

Of course, that often leads to another widely used motto: "When fire department has left the building and smoke's gone, I'll rewire and try again".

My point is, it's basically irrelevant if we read manuals and in this case new service agreement or terms and conditions or not; if not, and something happens or we "accidentally" violate them, it's our own fault. Saying "... but I didn't know it was against EULA" is not a valid defense.

ICIT2LOL · Mar 19, 2018

Hmm well I got this through my mail and I wonder why they put stuff out like this because I don't know about anyone else but it immediately makes me think what are they changing and how is it going to affect me and reading though it left me wondering why did they bother after initially thinking that it was going to be against the rules by not signing into those accounts. I use the Microsoft one because of the email but the One Drive I have now interest but yet all of my gear was listed including some documents and I thought that a bit rude to say the least.

In any case I thought to myself how would they police anyone not signing in every so often doesn't make much sense. Strikes me that soemone somewhere has got nothing else better to do*sarc

muymalestado · Mar 24, 2018

Hmm well I got this through my mail and I wonder why they put stuff out ........

In any case I thought to myself how would they police anyone not signing in every so often doesn't make much sense. Strikes me that soemone somewhere has got nothing else better to do*sarc
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In light of the recent Analytica / Facebook farrago I can see that these fishing exercises could have real meaning for them. For me? maybe not.

Ghost82 · Mar 25, 2018

And moreover... what if you don't agree with them? Stop using Windows?

OilerNut · Mar 25, 2018

And moreover... what if you don't agree with them? Stop using Windows?
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Pretty much, by using Windows you are agreeing to the terms laid out.

muymalestado · Mar 25, 2018

Pretty much, by using Windows you are agreeing to the terms laid out.
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So. For the next ten years (two PC lifetimes) it'll be Android will it?

Clintlgm · Mar 25, 2018

Here I was hoping someone had read the darn thing a comment on any changes that might effect us. Silly me

OilerNut · Mar 25, 2018

So. For the next ten years (two PC lifetimes) it'll be Android will it?
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I don't have any issues with the terms, so no?

Cr00zng · Mar 27, 2018

And moreover... what if you don't agree with them? Stop using Windows?
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The short answer is yes...

The code of conduct, that pretty much reads like criminal charges, also includes enforcement clause, quote:

b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
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What happens to people, who log on to their Windows with Microsoft account and it's closed? How about the local accounts? Windows 10 is offered as a "Service" and at first glance, even local accounts could be nuked by MS, if and when Microsoft finds the end user's activity offensive. I doubt that MS will go that far, but the proposed SA opens the door for that.

Blocking communication "(like email, file sharing or instant message)" sort of implies real-time monitoring of these services.

Quote from the link:

vi. Don’t circumvent any restrictions on access to or availability of the Services.
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Telemetry is a service in Windows, don't touch... *ROFLMAO2

One more...

vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
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So, no more "I hate the Orange Headed Monster"? *sarc

Practically, all of the rules listed in the code of conduct breaking the law in one form or another. The question is, should a private, non-governmental entity enforce these laws as they please?

OilerNut · Mar 27, 2018

Practically, all of the rules listed in the code of conduct breaking the law in one form or another. The question is, should a private, non-governmental entity enforce these laws as they please?
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It is just so that if someone does something on Skype or anything else Microsoft can say, "see look it's against the terms of our agreement! It's not our fault!"

yu gnomi · Apr 4, 2018

I think Bleeping Computer has done fair coverage of this. Also recommend reading comment section after article.

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