Supplemental Terms of Use for Microsoft Azure Previews

Last updated: September 2020

Azure may include preview, beta, or other pre-release features, services, software, or regions offered by Microsoft ("Previews"). Previews are licensed to you as part of your agreement governing use of Azure.

Pursuant to the terms of your Azure subscription, PREVIEWS ARE PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND ARE EXCLUDED FROM THE SERVICE LEVEL AGREEMENTS AND LIMITED WARRANTY. Previews may not be covered by customer support. Previews may be subject to reduced or different security, compliance and privacy commitments, as further explained in the Microsoft Privacy Statement, Microsoft Azure Trust Center, the Online Services Terms, and any additional notices provided with the Preview. The following terms in the DPA do not apply to Previews: Processing of Personal Data; GDPR, Data Security, and HIPAA Business Associate. Customers should not use Previews to process Personal Data or other data that is subject to heightened legal or regulatory requirements.

Certain named Previews are subject to additional terms set forth below, if any. These Previews are made available to you pursuant to these additional terms, which supplement your agreement governing use of Azure. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into "General Availability."

Bing URL Preview API (Private Preview) use and display requirements

You must only use the data from the Bing URL Preview API to display preview snippets and thumbnail images hyperlinked to their source sites, in end user-initiated URL sharing on social media, chat bot, or similar offerings or (ii) as a signal of the likelihood that content at the URL is adult material. You must honor any requests to disable previews that you may receive from website or content owners.

Do not:

  • Send any personal data (as defined in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to processing of personal data and the free movement of that data ("GDPR")) to the Bing URL Preview API.
  • Copy, store, or cache any data from responses.
  • Use data received from the Bing URL Preview API as part of any machine learning or similar algorithmic activity. Do not use this data to train, evaluate, or improve new or existing services that you or third parties might offer.
  • Modify the content of results (other than to reformat them in a way that does not violate any other requirement), unless required by law or agreed to by Microsoft.
  • Omit attribution and URLs associated with result content.
  • Display other content within any part of a response in a way that would lead a user to believe that the other content is part of the response.

Use of Bing Service Data

Microsoft may process data that are provided to Microsoft through use of the Bing URL Preview API ("Bing Service Data") solely to: provide the Bing URL Preview API service to you; and (ii) improve Microsoft products and services. Solely for such processing, Microsoft may collect, retain, use, reproduce, and create derivative works of, Bing Service Data and you grant Microsoft a limited nonexclusive irrevocable worldwide license to do so. You must secure and maintain all rights necessary for Microsoft to process Bing Service Data as described in this paragraph without violating the rights of any third party or otherwise obligating Microsoft to you or to any third party. You are solely responsible for the content of all Bing Service Data. This Use of Bing Service Data section will survive termination or expiration of any agreement related to your use of the Bing URL Preview API.

GDPR compliance

With respect to any personal data subject to the GDPR that is sent to Microsoft in violation of these use and display requirements and that is processed in connection with the Bing URL Preview API, you understand that you and Microsoft are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.

Bing Custom Visual Search API (Private Preview) use and display requirements

Do not:

  • Copy, store, or cache any data you receive from the Bing Custom Visual Search API.
  • Use data you receive from the Bing Custom Visual Search API as part of any machine learning or similar algorithmic activity. Do not use this data to train, evaluate, or improve new or existing services that you or third parties might offer.

Do:

  • Prominently include a functional hyperlink to the Microsoft Privacy Statement, near each point in the user experience (UX) that offers a user the ability to input a search query. Label the hyperlink Microsoft Privacy Statement.
  • Prominently display Microsoft branding, consistent with the Microsoft Trademark & Brand Guidelines, near each point in the UX that offers a user the ability to input a search query. Such branding must clearly denote to the user that Microsoft is powering the internet search experience.
  • Make sure displayed content includes measures appropriate to ensure your use of data received from the Bing Custom Visual Search API does not violate any applicable laws or third-party rights.

Use of Bing Service Data

Microsoft may process data that are provided to Microsoft through use of the Custom Visual Search API ("Bing Service Data") solely to: provide Custom Visual Search service to you; and (ii) improve Microsoft products and services. Solely for such processing, Microsoft may collect, retain, use, reproduce, and create derivative works of, Bing Service Data and you grant Microsoft a limited nonexclusive irrevocable worldwide license to do so. You must secure and maintain all rights necessary for Microsoft to process Bing Service Data as described in this paragraph without violating the rights of any third party or otherwise obligating Microsoft to you or to any third party. You are solely responsible for the content of all Bing Service Data. This Use of Bing Service Data section will survive termination or expiration of any agreement related to your use of the Custom Visual Search API.

GDPR compliance

With respect to any personal data subject to the European Union General Data Protection Regulation (GDPR) and that is processed in connection with calls to the Bing Custom Visual Search API, you understand that you and Microsoft are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.

Cognitive Services Custom Neural Voice Capability Preview

  1. Approved Use Case(s). Customer will only use the Custom Neural Voice capability for the use case(s) that have been identified in your application and/or approved in your Enrollment or agreement.
  2. Additional Representation and Warranties. Customer represents, warrants and certifies that (i) it has explicit written permission from voice talent(s) (“Voice Talent”) to use their voice likeness to create a Custom Neural Voice font (“Synthetic Voice”) for the use case as described in your application and/or approved in your Enrollment or agreement, (ii) Customer’s agreement(s) contemplate the duration of use of the Synthetic Voice and any content limitations and (iii) Customer has shared Microsoft’s disclosure guidance for voice talent (https://aka.ms/disclosure-voice-talent) with Voice Talent directly or through Voice Talent’s authorized representative that describes how the Custom Neural Voice capability works.
  3. Code of Conduct. In addition to compliance with the Acceptable Use Policy in the Microsoft Online Services Terms (available at https://www.microsoft.com/en-us/licensing/product-licensing/products), the code of conduct (available at https://aka.ms/custom-neural-code-of-conduct) are the minimum requirements that all Text to Speech ("TTS") implementations must adhere to in good faith. Without limiting Microsoft’s other remedies under the Online Service Terms, violation of the code of conduct may result in suspension of the Online Service. Microsoft will suspend the Online Service only to the extent reasonably necessary. Unless Microsoft believes an immediate suspension is required, Microsoft will provide reasonable notice before suspending the Online Service.
  4. Customer’s compliance with Custom Neural Voice capability terms. Customer shall have the exclusive right to use the Synthetic Voices created by Customer and made available through use of Cognitive Services. Notwithstanding the foregoing, Microsoft may retain and use each Synthetic Voice created by Customer solely to investigate and respond to any alleged violations of the Approved Use Cases, Acceptable Use Policy or the Code of Conduct and Customer grants Microsoft a limited nonexclusive irrevocable worldwide license to do so. Customer will secure and maintain all rights necessary for Microsoft to retain and use each Synthetic Voice as described in this paragraph without violating the rights of any third party or otherwise obligating Microsoft to Customer or to any third party. This paragraph will survive termination or expiration of Customer’s agreement.
  5. Eligibility. Access to the Custom Neural Voice capability is subject to Microsoft’s sole discretion based on our eligibility criteria and vetting process. Microsoft reserves the right to re-verify eligibility at any time and suspend access to Custom Neural Voice capability per these terms. To apply for and use the Custom Neural Voice capability, you must provide current, complete, and accurate information in the registration form and any re-verification requests from Microsoft.
  6. Professional Services. Limited professional services may be required to help you set up a Synthetic Voice. This may include Microsoft employees or subprocessors reviewing your data. For clarity the Professional Services Terms within the Microsoft Online Service Terms applies to these services.

Personalizer microservice

The Personalizer microservice launched in a container sends Customer Data to the Personalizer service instance configured by Customer in Azure to train the Personalizer models that are used in both the Personalizer microservice and Personalizer. By using the software, Customer consents to the transmission of the information described in this section. In all other respects, the Personalizer microservice is licensed on the same basis as Cognitive Services in Containers.

Visual Studio Codespaces – Supplemental Preview Terms

  1. Extensions. Visual Studio Codespaces may give you the option to use Microsoft and third-party software packages from our extension marketplace or package managers. Those packages are under their own licenses. Microsoft does not distribute, license or provide any warranties for any third-party packages. By accessing or using our extension marketplace, you agree to the extension marketplace terms located at https://aka.ms/vsmarketplace-ToU.
  2. Data.
    • (a) Data Collection. Certain features of Visual Studio Codespaces (such as the browser-based Visual Studio Code feature) may collect information about you and your use of the service, and send that to Microsoft. Microsoft may use this information to provide and improve Visual Studio Codespaces. You may opt out of many of these scenarios, but not all, as described in the documentation located at https://docs.microsoft.com/en-gb/visualstudio/online/overview/what-is-vsonline. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the documentation and our privacy statement. Your use of Visual Studio Codespaces operates as consent to these practices.
    • (b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with Visual Studio Codespaces, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-gb/legal/gdpr/.
  3. Acceptable Use. Without limiting the Acceptable Use Policy in the Online Service Terms referenced above, you may not, to the extent permitted by applicable law:
    • Reverse engineer, decompile or disassemble any features of the service, or otherwise attempt to derive the source code for such features, except and solely to the extent required by third party licensing terms governing use of certain open source components that may be included in such features;
    • remove, minimize, block or modify any notices of Microsoft or its suppliers in such features;
    • use such features in any way that is against the law; or
    • share, publish, rent or lease such features, or provide them as an offering (whether standalone or integrated with any other offering) for others to use.

Azure Active Directory preview programs

Azure Active Directory provides updates and new features in the form of preview programs. Microsoft rolls out previews in phases to give Microsoft and customers the opportunity to evaluate and understand the new feature before it becomes part of the standard service of Azure AD. The phases are as follows:

  1. Private preview – during this phase we invite a few customers to take part in early access to new concepts and features. This phase does not include formal support.
  2. Public preview – during this phase we allow any customer with the proper Azure AD license to evaluate the new feature. Microsoft Customer Support Services will supply support services during this phase, but normal service level agreements do not apply. For new features exposed in the Azure AD Portal, customer can expect to see information banners in the user interface that draw attention to the new experience available during the preview. By clicking on the information banner customers then opt-in to the preview experience.
  3. Generally available (GA) – After the public preview is completed, the feature is open for any licensed customer to use and is supported via all Microsoft support channels. Be aware when a new feature impacts existing functionality, it might change the way you or your users use the functionality.

Every Azure Active Directory preview program has different opt-in requirements and dependencies.

Azure Maps Preview functionality

Azure Maps Mobility and Weather Services share customer-provided address/location queries (“Queries”) with third parties TomTom, Moovit, and AccuWeather for the purposes of map image rendering, mobility and weather functionality, respectively. Queries are not linked to any customer or end-user when shared with these third parties and cannot be used to identify individuals. Microsoft is currently in the process of adding TomTom, Moovit, and AccuWeather to the Online Services Subcontractor List. See documentation for more information.

Azure Stack HCI

Use Rights and Conditions for Use

Customer may use the Azure Stack HCI software only (i) on servers dedicated to Customer’s internal use and (ii) as an operating system to host, manage, and service validly licensed virtual machines running validly licensed applications. Any dedicated server that is under the management or control of an entity other than Customer or one of its Affiliates is subject to the Outsourcing Software Management clause of the Product Terms. Customer may use the Azure Stack HCI software as long as it is (i) registered with Customer’s valid Azure subscription in order to enable additional Azure Stack HCI functionality and to meter and invoice Customer and (ii) connected to Customer’s Azure subscription over the Internet at least once every thirty (30) consecutive calendar days.

License Restrictions

Customer may not (i) work around any mandatory registration or sign up process for Azure Stack HCI or (ii) run any applications, operating system roles, and/or other workloads directly on the Azure Stack HCI software except for (A) utilities and operating system roles and (B) virtualized machines running Azure Stack HCI, both (A) and (B) as necessary to enable Azure Stack HCI to host, manage, and service validly licensed virtual machines running validly licensed applications.

No Hosting Exception

The Hosting Exception in the OST does not apply to Azure Stack HCI.

Customer Support

Any customer support for Azure Stack HCI that may be available from Microsoft requires that Azure Stack HCI runs on server hardware pre-validated by Microsoft under the Azure Stack HCI Hardware Validation Program or any successor.

Cognitive Services in Containers (Previews)

Because Customers control the deployment environment for containers, Customers are not prohibited from using preview versions of Cognitive Services in containers to process Personal Data or other data subject to heightened legal or regulatory requirements. All other preview (and other applicable) terms apply to Customer's use of preview versions of Cognitive Services in containers. Customer remains responsible for determining whether any preview version of a Cognitive Service in a container is appropriate for processing data that is subject to any specific law or regulation and for ensuring the use of such preview in a manner consistent with Customer’s legal and regulatory obligations.

Limited Access Cognitive Services (Preview)

Access to certain Cognitive Services are subject to Microsoft’s sole discretion based on eligibility and use criteria ("limited access services"), which Microsoft may change at any time in its sole discretion. Customer agrees that it will only use the Cognitive Services for the approved uses specified in your registration form and/or approved in your Enrollment or agreement. Microsoft reserves the right to re-verify compliance with the approved uses at any time and suspend access to these limited access services. To apply for and use Cognitive Services, you must provide current, complete, and accurate information in the registration form and any re-verification requests from Microsoft.

Cognitive Services, Spatial Analysis Container

  1. Notice about H.264/AVC Visual Standard, VC-1 Video Standard, MPEG-4 Part 2 Visual Standard and MPEG-2 Video Standard.
    • This software may include H.264/AVC, VC-1, MPEG-4 Part 2, and MPEG-2 visual compression technology. MPEG LA, L.L.C. requires this notice:
    • THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 AND MPEG-2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE (VIDEO STANDARDS) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 AND MPEG-2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. REFER TO www.mpegla.com.
    • For clarification purposes, this notice does not limit or inhibit the use of the software in the Container for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, including via third party access to Customer Solutions or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
  2. NVIDIA Components.
    • Spatial Analysis in Containers may include NVIDIA Corporation’s CUDA Toolkit, Tesla drivers, cuDNN, DIGITS, NCCL, and TensorRT (the “NVIDIA Components”). Customer agrees that its use of NVIDIA Components is governed by the following NVIDIA End User License Agreements: NVIDIA CUDA ToolKit; NVIDIA cuDNN; NVIDIA NCCL; NVIDIA TensorRT.

Azure IoT Connector for FHIR® (Preview)

Because Customers control the deployment for Azure IoT Connector for FHIR, Customers are not prohibited from using the preview version of Azure IoT Connector for FHIR to process Personal Data or other data subject to heightened legal or regulatory requirements. All other preview (and other applicable) terms apply to Customer's use of the preview version of Azure IoT Connector for FHIR. Customer remains responsible for determining whether the preview version of Azure IoT Connector for FHIR is appropriate for processing data that is subject to any specific law or regulation and for ensuring the use of such preview in a manner consistent with Customer’s legal and regulatory obligations.

FHIR® is the registered trademark of HL7 and is used with the permission of HL7.

Azure Quantum Service (Preview)

You may not provide access to the Preview of Azure Quantum or use the Preview of Azure Quantum on behalf of any third person or party without Microsoft's prior written approval.

Through the Preview of Azure Quantum you may be able to execute workloads on or with a third party’s (“Provider”) software or hardware (which may be on the Provider’s premises) (“Provider Solution”). Provider Solutions are provided by the Provider (not Microsoft) under the Providers’ own terms of service and privacy policies. If there is a conflict between these terms and any additional terms and conditions applicable to a specific Provider Solution, then such Provider’s additional terms and conditions will govern. For each Provider Solution you select, you authorize Microsoft to transfer your workload to the selected Provider Solution and to receive and return such results to your Subscription Agreement. You are responsible for any fees charged by Providers to use their Provider Solutions.

Any pricing, performance or technical specification information disclosed to you as part of the Preview is confidential, and you may not disclose that pricing, performance or technical specification information except in your communications with Microsoft or the applicable Provider.

Azure Communication Services Preview

PSTN Services

Your use of the PSTN calling and SMS services available through Azure Communications Services is subject to the following terms, conditions, and restrictions. In the event of a conflict between these supplemental terms and any other applicable terms, these terms shall prevail.

  1. Service Provider – PSTN calling and SMS services are provided in the United States and Canada by Skype Communications US Corporation, a subsidiary of Microsoft.
  2. No Emergency Calling – Azure Communication Services is not required to offer access to emergency services under any applicable regulations or law. These services do not support emergency calls to any law enforcement agencies, medical care units or other emergency services personnel or public safety answering points. You acknowledge and agree that: (i) it is your responsibility to purchase traditional telephone services that offer access to emergency services, and (ii) these services are not a replacement for your primary telephone service.
  3. Portability – Azure Communication Services does not support porting telephone numbers into or out from your account.
  4. US Customers Only – Telephone numbers, PSTN calling and SMS services are available to customers located in the United States only. Customers in other locations cannot purchase and use these outbound services until a later date.
  5. CCIA Messaging Guidelines – All use of your SMS services, whether by you or your end users, must be consistent with the goals of the CTIA Messaging Principles and Best Practices (dated as of July 2019, as amended) and applicable guidelines issued by receiving wireless carriers and/or other services providers, as communicated by Microsoft to you.
  6. Premium Rate Numbers – Calling and SMS messaging to premium rate numbers is not supported or permitted.
  7. Numbers – You do not own the telephone numbers issued to your account by Microsoft during this preview. In the event that phone number(s) you have acquired have not been activated or there is no usage of the number(s) for an extended period of time consisting of no fewer than 90 days, Microsoft may at its sole discretion and, after providing notice to you, reclaim the unused number(s).
  8. Taxes – PSTN calling and SMS services are provided on a tax-inclusive basis.
  9. Platform Service – Azure Communication Services provides a platform service for placing and receiving PSTN calls and SMS. You agree that all actions necessary to place calls and SMS messages are taken by you and you are fully responsible for the content, recipients, volume and timing of your, and your end users’, communications . Microsoft does not initiate any calls or SMS messages on its customers’ behalf. Microsoft will not exert any control over whether, when or to whom to send calls or SMS messages or the content of such communications.
  10. Fraud Protection – By purchasing these services, you opt into Microsoft’s fraud protection involving the filtering of inbound and outbound calls from sources or telephone numbers that Microsoft has reason to believe are fraudulent in nature, and acknowledge the risk that this protection may result in inadvertently blocking some desired calls.
  11. Compliance with telemarketing rules – You and your end users must comply with all applicable rules, regulations and laws governing telemarketing and robocalling practices, including the federal Telephone Consumer Protection Act of 1991 and the U.S. Federal Trade Commission’s Telemarketing Sales Rule.
  12. Privacy - With respect to any personal data subject to the European Union General Data Protection Regulation (GDPR) and that is processed in connection with PSTN communications provided through Azure Communication Services, you understand and agree that you and Microsoft are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.

Azure Kubernetes Service on Azure Stack HCI

Azure Kubernetes Service Runtime on Windows Server

Use Rights and Conditions for Use

Customer may use Azure Kubernetes Service on Azure Stack HCI (AKS on HCI) and Azure Kubernetes Service Runtime on Windows Server (AKS on WS) (collectively, AKS) only (i) on Azure Stack HCI (with respect to AKS on HCI) or Windows Server (with respect to AKS on WS) running on servers dedicated to Customer’s internal use, and (ii) to host, manage, and service validly licensed containers running validly licensed applications.

Customer may use AKS as long as it is registered with Customer’s valid Azure subscription in order to enable additional AKS functionality and to meter and invoice Customer.

Included Microsoft Applications. AKS may include other Microsoft applications. These license terms apply to those included applications, if any, unless other license terms are provided with the other Microsoft applications.

Third Party Software. AKS may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying AKS or within AKS itself.

License Restrictions

Customer may not work around any mandatory registration or sign up process for AKS.

No Hosting Exception

The Hosting Exception in the OST does not apply to AKS.

Customer Support

Any support for AKS is provided “as is”, “with all faults”, and without warranty of any kind.

Updates

AKS may automatically download and install updates for you. You agree to receive these automatic updates without any additional notice. Updates may not include all existing software features, services, or peripheral devices.

Azure API for FHIR

Results when using the de-identified export will vary based on factors such as data inputted, and functions selected by the Customer. Microsoft is unable to evaluate the de-identified export outputs or determine the acceptability for Customer's use cases and compliance needs. The de-identified export is not guaranteed to meet any specific legal, regulatory, or compliance requirements.