Supplemental Terms of Use for Microsoft Azure Previews
General Terms
Preview Terms
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". 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).
Service Specific Preview Terms
Certain named Previews are subject to additional terms set forth below. These Previews are made available to you pursuant to these additional terms, which supplement your agreement governing use of Azure. For clarity, if a Preview is not listed in the Service Specific Preview Terms section below, these General Terms and the standard terms applicable to “Previews” in your agreement apply.
Early Access Previews
Microsoft may offer access to optional, early-stage preview capabilities of Azure services or features, including those designated as frontier, early access, private preview, research, or experimental (collectively, “Early Access Previews”). Unless otherwise noted in product documentation, the following additional terms apply to all Early Access Previews.
Use Rights. You may use Early Access Previews for the sole purposes of testing and evaluating the new capabilities internally and providing feedback to Microsoft. You may not provide, share or publish the Early Access Previews to any third party.
No Production Use. You may not use Early Access Previews in production or in a “live” operating environment. Early Access Previews are not Previews that allow Personal Data processing. The Customer Copyright Commitment does not apply to Early Access Previews.
Confidentiality. Your use of Early Access Previews is confidential and subject to the terms of your non-disclosure agreement with Microsoft. If there is no NDA in effect, then the confidentiality terms in your services agreement apply.
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 and are not intended to be used in production or in a live operating environment. Unless otherwise noted in the Service Specific Terms section below or in product documentation, the following additional terms apply to previews of generative AI features, including Copilots, within Azure services:
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 specific 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 and the Microsoft Privacy Statement, 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.
Service Specific Preview Terms
Limited Access AI Services (Previews)
If a preview version or feature of an Foundry Tools is designated as subject to Limited Access Services terms, then the Limited Access Services terms in the Service Specific Terms for Microsoft Foundry Tools 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 Foundry Tools 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.
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.
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.
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.
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 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 to use, modify, and repost such Gallery Resources in Azure.
Microsoft Fabric Preview features and functionalities
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 select generative AI features such as Fabric AI Agents within Microsoft Fabric workloads, features and functionalities are powered by the Azure OpenAI Service and your use is subject to the Microsoft Generative AI Services Previews terms herein. The sub-section titled "Data access and use" does not apply to Copilot or other generative AI features enabled within Microsoft Fabric.
Integrated Services
When Foundry Tools are accessed and used through Microsoft Fabric Data Science, the product terms applicable to those services apply in addition to applicable Microsoft Fabric terms.
Microsoft Foundry (preview features)
Safety Evaluations; AI Red Teaming Agent
AI-assisted safety evaluations can generate and receive harmful and adversarial content to enable customers to test applications for content risks. AI Red Teaming Agent allows organizations to simulate adversarial attacks and uncover weaknesses before they can be exploited by malicious actors. Transmitting harmful content to these features through Microsoft Foundry including its SDKs 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. Usage must comply with the Microsoft Enterprise AI Services Code of Conduct; the Limited Exception permits some usage that would otherwise be prohibited.
Foundry Models (preview features and models)
Azure Direct Model
In addition to the Product Terms for Foundry Models in Foundry Models, the following terms apply to the specified Azure Direct Models designated as Preview. Models in Preview may exhibit unexpected behavior, which may include higher risks of producing potentially harmful content and/or greater susceptibility to jailbreaking. Customers should exercise due caution in using Preview models, and are responsible for reviewing model descriptions in Microsoft Foundry, model cards made available by the model provider, and documentation for Preview models and for implementing appropriate measures (including use of Content Safety in Foundry Control Plane) to comply with Customer’s obligation to use Microsoft AI Services in accordance with the Acceptable Use Policy and the Microsoft Enterprise AI Services Code of Conduct (https://aka.ms/AI-CoC). Customers may provide feedback about unexpected model behavior through Azure customer support.
- Azure OpenAI – 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.
- Azure OpenAI – certain open source models. Use of the gpt-oss-120b model as an Azure Direct Model in Azure OpenAI is subject to the terms of the Apache License, Version 2.0, available at http://www.apache.org/licenses/LICENSE-2.0.
Content Safety in Foundry Control Plane Custom Categories
Content Safety in Foundry Control Plane 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 Microsoft Enterprise AI Services Code of Conduct.
Azure HorizonDB: Preview features and functionalities
Microsoft Foundry Models Powered Integrations
Previews of Copilot and other select generative AI features within Azure HorizonDB features and functionalities are powered by the Microsoft Foundry Models and your use is subject to the Microsoft Generative AI Services Previews terms herein.
Integrated Services
When Foundry Tools are accessed and used through Azure HorizonDB, the product terms applicable to those services apply in addition to applicable Azure HorizonDB terms.
Microsoft Discovery (Preview)
Eligibility and Restrictions
Customer may access and use the Preview only as authorized by Microsoft and subject to any applicable limited access framework, eligibility criteria, or program requirements designated by Microsoft for the Preview.
Customer may not, directly or indirectly, (i) provide any third party with access to the Preview; or (ii) use the Preview on behalf of any third party, without Microsoft's express prior written approval.
Acceptable Use; Code of Conduct
In addition to the Acceptable Use Policy, Responsible Use of Microsoft AI Services, High-Risk Use, and terms applicable to Microsoft Generative AI Services in the Microsoft Product Terms, Customer's use of Microsoft Discovery is subject to the following Microsoft Discovery Code of Conduct which supplements the Microsoft Enterprise AI Services Code of Conduct:
Customer may not use, or allow others to use, the Preview in any manner that could support, promote, facilitate or encourage violence, terrorism, or otherwise cause serious harm, including physical or environmental damage, or to design, develop, or otherwise interact with chemical, biological, radiological, or nuclear weapons.
Customer is solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers, and acknowledgements, including that the Preview is not intended, designed, or made available to be: (i) a medical device, or (ii) 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.
Violation of any of the restrictions in this section is deemed a High-Risk Use under the High-Risk Use section of the Microsoft Product Terms and Customer agrees that Microsoft will be entitled to the remedies provided therein for any damages or claims resulting from Customer's High-Risk Use.