Supplemental Terms of Use for Microsoft Azure Previews

Last updated: May 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-in/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-in/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.