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Azure

Supplemental Terms of Use for Microsoft Azure Previews

Last Updated: [October 2024]

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

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. Capitalized terms not defined herein shall have the meaning set forth in your agreement. If you do not agree to these terms, do not use the Preview(s).

Limited Access AI Services (Previews)

If a preview version or feature of an Azure AI Service is designated as subject to Limited Access Services terms, then the Limited Access Services terms in the Service Specific Terms for Microsoft Azure AI Services in the Microsoft Product Terms apply to your access to and use of that preview version or feature.

AI Services in Connected or Disconnected Containers (Previews)

Because Customers control the deployment environment for containers, Customers are not prohibited from using preview versions of Services in containers to process Personal Data or other data subject to heightened legal or regulatory requirements. All other preview terms, as well as the terms for Services in Containers in the Service Specific Terms for Microsoft Azure AI Services in the Microsoft Product Terms, apply to Customer's use of preview versions of Services in containers (connected and disconnected). Customer remains responsible for determining whether any preview version of a 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.

Microsoft may offer required and/or optional updates or supplements to the services in containers. If an update is required, Customer will update the container in accordance with the Microsoft notice requirements; failure to perform these updates may affect the container's functionality and/or the container may stop operating. Customer may use the updates or supplements to the services in containers, pre-release code, additional functionality and optional add-on services in the containers, subject to specific terms (if any) that accompany them. Upon general availability ("GA") of a container, Customer must discontinue its use of preview containers and is required to update to the relevant GA version(s) no later than the end of the annual container reactivation time period.

AI 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 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.

Azure Communication Services (Preview)

Azure Communication Services

Azure Communication Services is a developer product and an input to customers' applications. Customers are solely liable and responsible for the legal compliance of their applications or offerings that incorporate Azure Communication Services capabilities and services.

Azure Communication Services provides updates and new features in the form of preview programs which may be exposed to Customers through information banners in documentation at docs.microsoft.com, or through "beta" or "pre-release" labels on the application programming interfaces and software development kits. Be aware when a new feature impacts existing functionality, it might change the way you or your users use the functionality.

Some Azure Communication Services private previews and public Previews may be provided under a separate license, such as an open source license. In the event of a conflict between these terms and any separate license, the separate license will prevail with respect to the Azure Communication Services preview that is the subject of such separate license. Each party reserves all rights (and no one receives any rights) not expressly granted by the foregoing licenses.

No Access to Emergency Services

Azure Communication Services in private preview or public preview do not support emergency calling or SMS access to emergency services. You will not seek to enable or attempt to use outbound voice or SMS functionalities of Azure Communication Services to contact official, government-sponsored emergency telephone numbers (such as 911 or 112) which are used to dispatch professional emergency responders for emergency services ("Emergency Services").

You are required to notify users prominently and clearly that access to Emergency Services are not available on Azure Communication Services during private preview or public preview and must be obtained through other means while the product is still in preview.

NEITHER MICROSOFT NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM (INCLUDING THIRD-PARTY CLAIMS), DAMAGE, OR LOSS (AND YOU WILL INDEMNIFY, DEFEND AND HOLD MICROSOFT HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE AZURE COMMUNICATION SERVICES IN PRIVATE PREVIEW OR PUBLIC PREVIEW TO CONTACT EMERGENCY SERVICES.

Pricing

Notwithstanding the terms in your volume licensing agreement, fixed pricing does not apply to Azure Communication Services ("ACS"). ACS pricing is market-based and depends on third-party suppliers of telco services. The available pricing at the time of each purchase is subject to change at any time. You can refer to the Azure portal for pricing adjustments.

Number Assignment and Portability

Phone numbers that are assigned to you during any preview program will be returned to Microsoft at the end of the preview program unless otherwise agreed by Microsoft. During private preview and public preview, telephone numbers are not eligible for porting.

Microsoft Teams Interoperability

Interoperability between Azure Communication Services and Microsoft Teams enables your applications and users to participate in Teams calls, meetings, and chat. It is your responsibility to ensure that the users of your application are notified when recording or transcription are enabled in a Teams call or meeting. Microsoft will indicate to you via the Azure Communication Services API that recording or transcription has commenced and you must communicate this fact, in real time, to your users within your application’s user interface.

Feedback

Microsoft may send you requests for feedback to learn how the service is operating and should be improved. You consent to receiving surveys and feedback requests. Under European Union privacy law, when collecting and processing your feedback, Microsoft is acting as a data controller. As customer feedback is essential to the successful development of preview services, this processing is necessary for the performance of this contract.

Call Recording

Many countries and states have laws and regulations that apply to the recording of PSTN, voice, and video calls, which often require that users consent to the recording of their communications. It is your responsibility to use the call recording capabilities in compliance with the law. You must obtain consent from the parties of recorded communications in a manner that complies with the laws applicable to each participant.

Messaging Policy

Customer and its end users shall comply with the Azure Communication Services Messaging Policy. The Messaging Policy applies to SMS, MMS, email, and WhatsApp communications. Microsoft reserves the right to suspend or remove access to Azure Communication Services for Customer or its end users that do not comply with the Messaging Policy. The Messaging Policy is available at https://docs.microsoft.com/azure/communication-services/concepts/telephony-sms/messaging-policy.

Azure API for FHIR® and Azure Health Data Services (Preview Features)

The Azure API for FHIR and Azure Health Data Services and generally available services. These terms apply only to Azure API for FHIR and Azure Health Data Services preview features (“Preview Features”). Preview Features include certain pre-release APIs, including related pre-release versions of tools, software and services intended to be incorporated into the Azure API for FHIR or Azure Health Data Services. Because Customers control the deployment of the Preview Features, Customers are not prohibited from using such Preview Features to process Personal Data or other data subject to heightened legal or regulatory requirements. All other Azure preview (and other applicable) terms apply to Customer's use of the Preview Features.

Customer remains responsible: (i) for determining whether the Preview Features are appropriate for processing data that is subject to any specific law or regulation; and (ii) for ensuring the use of the Preview Features are in a manner consistent with Customer's legal and regulatory obligations.

Results derived from the use of the Preview Features that enable Customer to apply transformations to data will vary based on factors such as data inputted, and functions selected by Customer. Microsoft is unable to evaluate the outputs of these Preview Features to determine the acceptability of Customer's use cases and compliance needs. Outputs from Preview Features are not guaranteed to meet any specific legal, regulatory, or compliance requirements.

Medical Device Disclaimer

Customer acknowledges that the Azure Healthcare APIs Preview (1) is not designed, intended or made available as a medical device(s), and (2) is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. Customer is solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers, and acknowledgements to end users of Customer's implementation of the Preview Features.

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

Microsoft Defender for IoT

Enterprise IoT Network Sensor, a new feature of Azure Defender for IoT, is currently in PREVIEW. For customers who deployed the EIoT Network Sensor and are also active Microsoft Defender XDR (Microsoft Defender for Endpoint) customers, Microsoft Defender for IoT will process and store data from your Microsoft Defender for Endpoint subscription, and the two products will integrate seamlessly to introduce a single, unified inventory view across portals. This will include Microsoft Defender for Endpoint-sourced data pertaining to all devices supported by Microsoft Defender for Endpoint – managed devices, could-be-managed devices, network devices and IoT devices (discovered as part of the Device Discovery feature). The privacy and data handling commitments applicable to Microsoft Defender for IoT, and not to Microsoft Defender for Endpoint, will apply to such data. To learn more, please see the Enterprise IoT documentation. In addition, by using Enterprise IoT Network Sensor, you are consenting to Microsoft engineers accessing and using your data to help build, test, and optimize analytics models.

If you do not want to enable such access, DO NOT USE THE PREVIEW TECHNOLOGY.

Azure Compute Gallery sharing functionality

Azure Compute Gallery ("ACG") contains functionality that enables an Azure subscription owner or delegate to make galleries within their Azure subscription, and resources in those galleries, accessible to other Azure users or communities as a new resource type. Azure users may then access and deploy those resources which may include, but are not limited to, scripts, virtual machine images or virtual machine applications (referred to herein as "Gallery Resources") solely to create Azure Virtual Machines within their own Azure subscription.

If Customer chooses to share Gallery Resources, Customer agrees:

  1. if Customer does not provide a separate license for the Gallery Resources at the Gallery level or in each Gallery Resource, Customer gives a license to all authorized users, including the rights to use modify, and repost such Gallery Resources in Azure; and
  2. it is allowing Microsoft to make the shared Gallery Resources available to such users in a manner and location of Microsoft's choosing.

Azure Orbital Cloud Access

Definitions

"Azure Orbital Cloud Access Preview" means the Azure service that enables access to Microsoft Azure Services through a satellite network. The Azure Orbital Cloud Access Preview includes any associated technology, information, materials, updates, and the Azure Orbital Cloud Access Devices provided for use with the Azure Orbital Cloud Access Preview.

"Azure Orbital Cloud Access Devices" means the hardware, (e.g., user terminals, routers) except for Azure Stack Edge Devices (separately defined below) provided by Microsoft specifically to enable your use of the Azure Orbital Cloud Access Preview.

"Azure Stack Edge Devices" means hardware devices, including Software, that are offered as part of Azure Stack Edge family of devices as described at https://azure.microsoft.com/products/azure-stack/edge and obtained separately by Customer under their existing agreement with Microsoft which governs Customer's use of Azure Stack Edge Devices.

"Software" means any Microsoft software components provided with (or for installation on) an Azure Orbital Cloud Access Device for use in conjunction with the Azure Orbital Cloud Access Preview, including all tools, updates, and associated documentation.

Use of the Azure Orbital Cloud Access Devices

Microsoft grants Customer permission to use to the Azure Orbital Cloud Access Devices solely to participate in evaluation of the Azure Orbital Cloud Access Preview, subject to the following:

  • Customer Determination of Appropriateness. Customer agrees (i) that it is solely responsible for determining the appropriateness of using the Azure Orbital Cloud Access Preview as set forth in these terms, and (ii) that Microsoft shall have no liability to Customer or any other third party for any loss of data or other damages. Customer should assess the capabilities and features of the Azure Orbital Cloud Access Preview based on Customer's intended workloads and applications to determine if the Azure Orbital Cloud Access Preview is appropriate for Customer's intended use to evaluate the Azure Orbital Cloud Access Preview. The Azure Orbital Cloud Access Preview is provided with no service level agreement (e.g., for uptime, support issue resolution, etc.) and no customer support commitments.
  • No Transfer, Access, or Modification. Customer agrees to not sell, assign, or transfer the Azure Orbital Cloud Access Devices, and will not directly or indirectly (through a third party) view, open, modify, disassemble, or otherwise tamper with the Azure Orbital Cloud Access Devices or any Software.
  • US Only. The Azure Orbital Cloud Access Preview, including any Azure Orbital Cloud Access Devices, is provided for use only within the United States and its territories. Non-government Customers shall not transport or use an Azure Orbital Cloud Access Device outside of the United States or its territories.
  • Azure Orbital Cloud Access Preview Subscription. As part of the Azure Orbital Cloud Access Preview, Microsoft allows Customer to use the Azure Orbital Cloud Access Devices for as long as the Customer has an active subscription to the Azure Orbital Cloud Access Azure Orbital Cloud Access Preview. If Customer no longer has an active subscription and fails to return the Azure Orbital Cloud Access Devices, Microsoft can deem the Azure Orbital Cloud Access Devices as lost as set forth in the "Title and Risk of Loss; Shipment and Return Responsibilities" Section.

Software License; Restrictions; Activation

Any Software provided by Microsoft for use with the Azure Orbital Cloud Access Preview is licensed, not sold. Microsoft grants Customer a limited, nonexclusive, nontransferable license to use the Software provided with the Azure Orbital Cloud Access Device to access the Azure Orbital Cloud Access Preview, and for no other purpose. Microsoft reserves all other rights. This license does not give Customer any right to, and Customer may not: (i) use or virtualize features of the Software separately from the Azure Orbital Cloud Access Device; (ii) publish, copy, rent, lease or lend the Software; (iii) work around any technical restrictions in the Software or restrictions in the Azure Orbital Cloud Access Devices or Azure Orbital Cloud Access Preview documentation; (iv) separate and run parts of the Software on more than one device; (v) install or use non-Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (vi) reverse engineer, decompile, or disassemble the Software, or attempt to do so, except if applicable law permit this even when these terms do not and, in that case, Customer may do so only as the law allows. If there is a conflict between these terms and any separate license terms for any separate modules or agents used in connection with the Azure Cloud Access Device, the separate license terms for those modules or agents shall govern and control for the use of such modules or agents. Customer may not use the Software for comparisons or "benchmarking," except for Customer's internal purposes, nor publish or disclose the results thereof.

Software Activation and Consent for Data Use to Provide Azure Orbital Cloud Access Previews

As applicable, activation of Software associates the use of the Software with a specific device. During activation and subsequent use of the Azure Orbital Cloud Access Device, the Software may send information about the Software and Azure Orbital Cloud Access to Microsoft, including device properties (e.g., node, chassis and component numbers, software and firmware versions, timestamps of registration, etc.) and Customer environment details (e.g., internet protocol addresses of device, device name, time and update server IP address). Microsoft uses this information to make the Azure Orbital Cloud Access Previews available to Customer. By using the Azure Orbital Cloud Access Devices and Software, Customer consents to the transmission of this information to Microsoft.

Non-Microsoft Products

Microsoft may make Non-Microsoft Products available to Customer through Customer's use of the Azure Orbital Cloud Access Preview, such as through a Microsoft online store (e.g., the Azure Marketplace) or as a component of the Azure Orbital Cloud Access Device. If Customer installs or uses any Non-Microsoft Product with the Azure Orbital Cloud Access Preview, Customer may not do so in any way that would subject Microsoft's intellectual property or technology to obligations beyond those expressly included in Customer's licensing agreement. For Customer's convenience, Microsoft may include charges for certain Non-Microsoft Product as part of Customer's bill for Online Services. Microsoft, however, assumes no responsibility or liability whatsoever for any Non-Microsoft Product. Customer is solely responsible for any Non-Microsoft Product that it installs or uses with the Azure Orbital Cloud Access Preview or acquires or manages through a Microsoft online store. Customer's use of any Non-Microsoft Product shall be governed by the license, service, and/or privacy terms between Customer and the publisher of the Non-Microsoft Product (if any).

Title and Risk of Loss; Shipment and Return Responsibilities

Title and Risk of Loss

All right, title and interest in each Azure Orbital Cloud Access Device is and shall remain the property of Microsoft. Except as expressly set forth in these terms, no rights are granted to any Azure Orbital Cloud Access Device (including under any patent, copyright, trade secret, trademark or other proprietary rights). Customer is responsible for inspecting the Azure Orbital Cloud Access Devices upon receipt from the carrier and for promptly reporting any damages to aoca@microsoft.com. Customer is responsible for the entire risk of loss of, or any damage to (other than expected wear and tear), the Azure Orbital Cloud Access Devices once it has been delivered by the carrier to Customer’s designated shipping address until the Microsoft-designated carrier accepts the Azure Orbital Cloud Access Devices for return delivery.

Microsoft may charge Customer for a lost device fee for the Azure Orbital Cloud Access Devices if Customer does not provide the Azure Orbital Cloud Access Devices to the Microsoft-designated carrier for return or return the Azure Orbital Cloud Access Devices pursuant to the "Shipment and Return of Azure Orbital Cloud Access Devices" Section below within 30 days from the end of Customer's use of the Azure Orbital Cloud Access Preview. Microsoft reserves the right to charge a fee for lost or damaged devices.

Shipment and Return of Azure Orbital Cloud Access Devices

Customer will be responsible for a one-time - shipping fee for the shipment of the Azure Orbital Cloud Access Devices which includes from Microsoft to Customer and return shipping of the same. When returning an Azure Orbital Cloud Access Devices to Microsoft, Customer will package and ship the same in accordance with Microsoft's instructions, including by using a carrier designated by Microsoft and the packaging materials provided by Microsoft. Customer will package and ship the Azure Orbital Cloud Access Devices in accordance with Microsoft's packaging instructions.

Fees

Customer may use other Microsoft Azure services in connection with Customer's use of the Azure Orbital Cloud Access Preview, and Microsoft deems such services as separate services that may be subject to separate metered fees and costs. By way of example only, Azure Storage and Azure Compute are separate Azure services, and if used (even in connection with its use of the Azure Orbital Cloud Access Preview), separate Azure metered services will apply.

Azure Orbital Cloud Access Preview subscription fees are billed at a flat monthly rate. If you decide to cancel the Azure Orbital Cloud Access Preview before the expiration of the Azure Orbital Cloud Access Preview program, then you must provide Microsoft with notice of your cancellation via email to aoca@microsoft.com and the applicable subscription fees will be assessed through the duration of the month during which Microsoft receives and processes your return of the Azure Orbital Cloud Access Devices.

Government Customers

Moving Azure Orbital Cloud Access Device between Government Customer's Locations

Government Customers in possession of Azure Orbital Cloud Access Devices may, at government Customer's sole risk and expense, transport the Azure Orbital Cloud Access Devices to government Customer's different locations in accordance with this Section and the requirements of these terms. Government Customer is responsible for obtaining at government Customer's own risk and expense any export license, import license and other official authorization for the exportation and importation of the Azure Orbital Cloud Access Devices and associated Software and government Customer’s data to any such different government Customer location. Government Customer shall also be responsible for customs clearance at any such different government Customer location, and will bear all duties, taxes and other official charges payable upon importation as well as any and all costs and risks of carrying out customs formalities in a timely manner. Government Customer agrees to comply with and be responsible for all applicable import, export and general trade laws and regulations should government Customer decide to transport the Azure Orbital Cloud Access Devices beyond the country border in which government Customer receives the Azure Orbital Cloud Access Devices. Notwithstanding the foregoing, if government Customer transports the Azure Orbital Cloud Access Devices to a different location as set forth in this Section, government Customer agrees to cause the Azure Orbital Cloud Access Devices to return to the country location where government Customer received it initially, prior to shipping the Azure Orbital Cloud Access Devices to Microsoft. Government Customers acknowledge that there are inherent risks in shipping data on and in connection with the Azure Orbital Cloud Access Devices, and that Microsoft will have no liability to government Customer for any damage, theft, or loss occurring to an Azure Orbital Cloud Access Device or any data stored on one, including without limitation in transit.

Terms Unique to the US Federal Government

If any provision of these terms or incorporated by reference herein (a) allows for the automatic renewal of services and/or fees; (b) requires the governing law to be anything other than US Federal law; or (c) otherwise violates applicable Federal law, then, such provision(s) shall not apply. If any provision of these terms, or incorporated by reference herein, contains an indemnification provision, such provision shall not apply as to the United States indemnifying Microsoft or any other party.

Azure for Operators (Previews)

Personal Data

Customer may be required to upload Personal Data in certain Azure for Operators Products as part of the Preview. To the extent Customer’s use of an Azure for Operator Product necessarily involves processing Personal Data, such use will not be considered a “Preview” under the DPA. Customer must not use the Azure for Operators Products to process other data subject to legal or regulatory compliance requirements, including classified government information.

Technical Resources

Microsoft may provide Customer with limited scope, no-cost technical human resources to enable use of an Azure for Operators Product during Preview. These technical resources are subject to the Professional Services Product Terms. Microsoft is not obligated to provide technical resources.

Copilot in Azure Operator Insights

Copilot in Azure Operator Insights is subject to the Microsoft Generative AI Services Previews terms herein. 

To the extent permitted by applicable law, Customer will defend Microsoft and its Affiliates against any third-party claim to the extent it alleges that any Customer Data provided to Microsoft to enable Preview use of Copilot in Azure Operator Insights misappropriates a trade secret or infringes a patent, copyright, trademark, or other proprietary right of a third party.

Azure Operator Call Protection

  • Limited use. Azure Operator Call Protection is not designed or intended for use for emergency calling and Customer must not route emergency calls through Azure Operator Call Protection. Availability of Azure Operator Call Protection may be limited to certain jurisdictions.
  • Consent. You must obtain end user consent before enabling Azure Operator Call Protection, including end user consent to receive text message fraud notifications from Microsoft. You must make all reasonable efforts to inform callers that call transcriptions may be subject to your third-party vendor’s generative artificial intelligence processing for the purposes of detecting fraud. Generative AI. The Microsoft Generative AI Services Previews terms apply to your use of Azure Operator Call Protection.
  • Generative AI. The Microsoft Generative AI Services Previews terms apply to your use of Azure Operator Call Protection.  

Azure Machine Learning (Preview Features)

Any third-party models that Microsoft makes available in the Azure Machine Learning Model Registry and/or Model Catalog are deemed to be Non-Microsoft Products subject to the terms for Non-Microsoft Products in the Microsoft Product Terms. Customer’s use of any such third-party models is governed by the third-party license terms provided in connection with the model.

Azure Health Bot with Azure OpenAI (Limited Access Private Preview)

Limited Access Service

The Azure Health Bot with Azure OpenAI is a Limited Access Service in private preview and is subject to the Microsoft Generative AI Services Previews terms herein. The Azure OpenAI Service and the Azure Health Bot with Azure OpenAI require registration, and Microsoft may limit access based on eligibility criteria. The Azure Health Bot with Azure OpenAI is intended for your internal testing and evaluation purposes only and is not intended for external use or use with patients or other end users at this time.

Disclaimer

AI tools and technologies, including the Azure Health Bot with Azure OpenAI, can make mistakes and do not always provide accurate or complete information. It is your responsibility to: (1) thoroughly test and evaluate whether its use is fit for purpose, and (2) identify and mitigate any risks or harms to end users associated with its use.

Neither the Azure Health Bot with Azure OpenAI nor Azure OpenAI API are intended, designed, or made available to be: (1) a medical device, or (2) a substitute for professional medical advice, diagnosis, treatment, or judgment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. You are solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers, and acknowledgements.

Output from the Azure Health Bot with Azure OpenAI does not reflect the opinions of Microsoft. The accuracy and reliability of the information provided by the Azure Health Bot or Azure OpenAI API may vary and are not guaranteed. Microsoft disclaims any liability for any damages resulting from the use or reliance on the information provided by the Azure Health Bot with Azure OpenAI or Azure OpenAI API.

Microsoft Generative AI Services Previews

Previews of generative AI features, including Copilots, within Azure services are subject to the Microsoft Generative AI Services section of the Universal License Terms for Online Services in the Product Terms (https://www.microsoft.com/licensing/terms/product/ForOnlineServices/all) and are not intended to be used in production or in a live operating environment unless explicitly designated as production-ready previews in product documentation.

Data access and use. 

As part of providing the Microsoft Generative AI Services Previews, Microsoft may process and store Customer Data submitted to the service, as well as Output Content, for purposes of monitoring for and preventing abusive or harmful uses or outputs of the service. Authorized Microsoft employees may review data that has triggered our automated systems to investigate and verify potential abuse unless product documentation or product spectific terms of use for a given Microsoft Generative AI Services Preview explicitly states that such review is not performed.   

Bing Search terms. 

For any component of Microsoft Generative AI Services Previews that is powered by Bing, as disclosed in the product documentation, Customer’s use of Bing is governed by the Microsoft Services Agreement (https://go.microsoft.com/fwlink/?linkid=2267653) and the Microsoft Privacy Statement (https://go.microsoft.com/fwlink/?linkid=2268144), except that noncommercial use limitations do not apply to Products available for a fee through Microsoft volume licensing. The Data Protection Addendum does not apply to Customer’s use of Bing search within Microsoft Generative AI Services Previews.

Azure AI Video Indexer Edge (previews)

Azure AI Video Indexer is releasing an on-premises version called Azure AI Video Indexer Edge. The Microsoft Product Terms apply to Customer’s use of the previews, except where additional Preview terms are provided as below.

Limitations And Use Rights

  1. General. Customer may install and use any number of copies of the software on Customer devices, solely to develop and test Customer applications. Customer may not use the software in a production environment unless Microsoft permits Customer to do so under another agreement.
  2. Registration with Azure Subscription. Customer will register the software with their valid Azure subscription and registration may result in Microsoft metering and invoicing.

Time-Sensitive Software

  1. Period. This agreement is effective on Customer acceptance and terminates on the earlier of (i) 30 days following first availability of a commercial release of the software or (ii) upon termination by Microsoft. Microsoft may extend this agreement in its discretion.
  2. Notice. Customer may receive periodic reminder notices of this date through the software.
  3. Access to data. Customer may not be able to access data used in the software when it stops running.

Video Codecs

  1. H.265/HE.VC Video Standard. This product includes H.265/HEVC coding technology. Access Advance LLC requires this notice: THE H.265/HEVC TECHNOLOGY IN THIS PRODUCT IS COVERED BY ONE OR MORE CLAIMS OF THE HEVC PATENTS LISTED AT http://patentlist.accessadvance.com/.
  2. H.264/AVC Video Standard.This product includes AVC coding technology. MPEG LA LLC requires this notice:This product is licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the AVC standard ("AVC VIDEO") and/or (ii) decode AVC 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 AVC VIDEO. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA LLC. See http://www.MPEGLA.COM.
  3. VC-1 Video Standard. This product includes VC-1 coding technology. MPEG LA LLC requires this notice:This product is licensed under the VC-1 Patent Portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the VC-1 standard ("VC-1 Video") and/or (ii) decode VC-1 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 VC-1 video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA LLC. See http://www.MPEGLA.COM.

Azure AI Video Indexer Video Redaction (Preview)

Limitations And Use Rights.

  1. Not for Production Use. You may not run the software in a production environment unless Microsoft permits you to do so under another agreement.
  2. Registration with Azure Subscription. You agree to register the software with a valid Azure subscription.

Time-Sensitive Software.

  1. Period. This agreement is effective when you use the software named above and terminates on the earlier of (i) 30 days following first availability of a commercial release of the software or (ii) upon termination by Microsoft.
  2. Notice. You may receive periodic reminder notices of this date through the software.
  3. Access to data. You may not be able to access data used in the software when it stops running.

Video Codecs.

  1. 264/AVC Video Standard. This product includes AVC coding technology. MPEG LA LLC requires this notice:This product is licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the AVC standard ("AVC VIDEO") and/or (ii) decode AVC 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 AVC VIDEO.  No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA LLC. See http://www.MPEGLA.COM.

Azure Data Manager for Agriculture (Preview)

Connector to a Provider Service

A connector to a third party’s (“Provider”) software or service (“Provider Service”) enables the transfer of data between Azure Data Manager for Agriculture (“ADMA”) and the Provider Service, and may facilitate the execution of workloads on or with the Provider Service. By providing Credential Information for the Provider Service to Microsoft, Customer is authorizing Microsoft to transfer data between ADMA and the Provider Service, facilitate the execution of a workload on or with the Provider Service, and receive and return associated results. “Credential Information” means data that enables access to a Provider Service to enable the transfer of data from the Provider Service to a Microsoft Online Service, and may include but is not limited to, credentials, assess and/or refresh tokens, keys, secrets and any other required data to authenticate, search, scope and retrieve data from the Provider Service.

Access to Provider Service

Customer acknowledges and agrees that: (i) Customer has an existing agreement with the Provider to use the Provider Service, (ii) Customer is responsible for any associated fees charged by the Provider, (iii) the Provider Service is not maintained, owned or operated by Microsoft and that Microsoft does not control, and is not responsible for the privacy, security, or compliance practices of the Provider, (vi) once enabled, Microsoft may initiate the continued transfer of such data by using the Credential Information Customer provided, and (v) Microsoft will continue transferring such data from the Provider Service until Customer disables the corresponding connector.

Right to use data from Provider Service

Customer represents and warrants that Customer has the right to: (i) transfer data stored or managed by Provider to ADMA, and (ii) process such data in ADMA and any other Microsoft Online Service.

Telemetry

While in preview, Microsoft may collect relevant telemetry information such as the API request path in order to assist debugging issues that may come up. Some of this telemetry data may be stored outside the geographic region where ADMA instance has been provisioned.

Microsoft Fabric Preview features and functionalities

OneLake and Workloads

When you enable and/or access Microsoft Fabric, you may get access to certain “out of the box” functionalities including OneLake and various data and analytics workloads, features and functionalities, some of which may be in preview state, including, but not limited to Power BI service, Data Factory, Synapse Data Warehouse, Synapse Data Science, Synapse Data Engineering, Real-Time Intelligence (preview). For clarity, your use of Power BI continues to be subject to Power BI service specific use rights and notices terms provided in your agreement.

Applicable fees

Microsoft may charge you for Capacity Units (“CU”) and storage provisioned and used across previews of Microsoft Fabric workloads, features or functionalities.

Azure OpenAI Powered Integrations

Previews of Copilot and other generative AI features within Microsoft Fabric workloads, features and functionalities are powered by the Azure OpenAI Service and your use is subject to the separate terms titled Microsoft Generative AI Services Previews and provided within these Supplemental Terms for Use of Microsoft Azure Previews.  Notwithstanding the foregoing, the section titled Data access and use does not apply to Copilot or other generative AI features enabled within Microsoft Fabric.

More Workloads  (also called “Additional Workloads”)

Fabric More Workloads (Preview) is a marketplace feature that enables Customers to add Workloads offered by non-Fabric publisher(s) (“Publisher Workload(s)”).  When Fabric users interact with Publisher Workload(s) their data, including personal data, is shared with such publisher(s). Sensitivity labels and protection settings, such as encryption, are not applied to Publisher Workloads.   Publisher Workloads offered through the More Workloads (Preview) marketplace are deemed to be Non-Microsoft Products under the Microsoft Product Terms.  Customer understands and agrees that Publisher Workload(s) are governed by separate terms and privacy policies provided by such publishers, as currently made available within the Workload Hub.

Azure Modeling and Simulation Workbench Preview 

These supplemental terms for the Azure Modeling and Simulation Workbench Preview (the “Workbench Preview”) apply to the Workbench Preview subscriber (“Customer”) and their Authorized Users (defined below).  Workbench Preview provides Customer the ability to generate one or more secure virtual workspaces for collaboration (each a “Chamber”).  For each Chamber, Customer may approve Users from inside and outside their organization to access Customer Data in that Chamber (“Authorized User”). “Customer Data” is defined in Customer or Authorized User’s applicable agreement governing their use of Azure and, for purposes of these Preview terms, includes all items in such definition whether provided by Customers or Authorized Users.

  • Customer – not Microsoft – is solely responsible for: (1) selecting Authorized Users, (2) assigning Chambers for Authorized Users, (3) identifying the roles of Authorized Users (i.e., “Administrative Authorized User” or “General Authorized User”), and (4) identifying the appropriate connectivity requirements.
  • Customer acknowledges that Authorized Users may access, analyze, contribute to, and modify all Customer Data in the Authorized User’s assigned Chambers. Removal of any Customer Data from a Chamber must be requested by the Administrative Authorized User for that Chamber and approved by the Customer.

  • Customer and their Authorized Users are solely responsible for the content and use of the Customer Data they place or modify in a Chamber.  Without limiting the foregoing, Customer and Authorized Users will secure and maintain all rights in Customer Data necessary for Microsoft to provide Workbench Preview without violating the rights of any third party or otherwise imposing any additional obligation on Microsoft.

  • Customer is responsible for all Azure and Workbench Preview usage charges generated by Authorized Users in the Chambers generated by Customer – Microsoft does not apportion charges or separately bill Authorized Users.

  • As a Preview, Workbench Preview may have bugs or otherwise fail to act as intended and, as further set forth in the applicable agreement governing use of Azure, is provided “as is” with all express and implied warranties disclaimed.  Accordingly, Workbench Preview is provided for evaluation and testing purposes and is not intended for production use. In addition, with respect to Workbench Preview deployments in the Microsoft Government Community Cloud (GCC), all base security accreditations typically associated with Microsoft GCC offerings are disclaimed entirely, including all DoD Impact Level and FEDRAMP accreditations and related compliance attestations.

  • Microsoft does not license commercial engineering software (e.g., electronic design automation “EDA” software) with Workbench Preview. At some point during its public preview, Workbench Preview may enable Customers and their Authorized Users to license from third party providers (each a “Provider”) such commercial engineering software and other tools and assets for use in a Chamber (“Provider Solutions”).  All Provider Solutions are provided by the Provider – not Microsoft – under the Providers’ own terms of service and privacy policies. Microsoft is not a party to such additional terms of service and privacy policies. Customers are responsible for any fees charged by Providers to use their Provider Solutions and any breach of Providers’ terms of service by Customer or their Authorized Users.

Microsoft Copilot in Azure

Microsoft Copilot in Azure is in preview and subject to the Microsoft Generative AI Services Previews terms herein. Notwithstanding the foregoing, the sections titled "Data access and use" and "Bing Search terms" do not apply to Copilot in Azure.

Azure AI Studio

Azure AI Studio is a preview service that brings together capabilities from multiple Azure AI services. When accessed within or through Azure AI Studio, services are subject to the license terms applicable to Previews.

Additional terms and conditions

Capabilities accessed through Azure AI Studio are subject to applicable service terms and conditions in the Product Terms, including, without limitation and as applicable, terms for:

  • Azure Machine Learning
  • Cognitive Services and Applied AI Services (including Limited Access Services, Azure OpenAI Service, and Customized TTS Services and use of Synthetic Voices)

Model Catalog/Registry

Any third-party models that Microsoft makes available in the Model Catalog and/or Model Registry in the Azure AI Studio are Non-Microsoft Products subject to the terms for Non-Microsoft Products in the Microsoft Product Terms. Customer’s use of any model obtained or accessed through the Model Catalog and/or Model Registry is governed by the license terms provided in connection with the model.

Safety Evaluations

AI-assisted safety evaluations can generate and receive harmful and adversarial content to enable customers to test applications for content risks. Transmitting harmful content to this feature through Azure AI Studio or the SDK will not by itself be considered a violation of the Acceptable Use Policy, if the application being tested has not been designed to generate harmful content. The Acceptable Use Policy otherwise applies. Customer agrees to use content generated by this feature solely for testing and evaluating applications and not to use such content for any other purpose.

Azure OpenAI Service (preview features)

User-Level Abuse Reporting

Customer can choose to associate its user identifiers with Input to enable Microsoft to provide Customer with user-level reporting of potentially abusive Inputs and Output Content. Customer agrees not to submit sensitive personal information in the Azure OpenAI API's “user” field and to comply with applicable law in responding to reports.

GPT-4o Audio realtime API

The GPT-4o Audio realtime API adds voice capabilities to the gpt-4o-realtime-preview model. The system stores your prompts and completions as described in the "Data Use and Access for Abuse Monitoring" section of the service-specific Product Terms for Azure OpenAI Service, except that the Limited Exception does not apply. Abuse monitoring will be turned on for use of the gpt-4o-realtime-preview model even for customers who otherwise are approved for modified abuse monitoring.

Azure Database for PostgreSQL Flexible Server – Azure Local AI Extension (Preview)

Open source AI models made available by Microsoft for installation through the Azure Local AI extension feature(s) are deemed to be Non-Microsoft Products under the Microsoft Product Terms. Customer’s use of open source AI models are governed by the separate license terms provided in product documentation associated with such model.

Azure AI Content Safety Custom Categories

Azure AI Content Safety enables you to define your own categories of content for classification based on examples. The category definitions, the examples you provide, and your use of this feature must abide by the Azure OpenAI Code of Conduct.