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Supplemental Terms for Microsoft Copilot with commercial data protection

  • Článek

Last Updated: December 1, 2023 

These Supplemental Terms of Use (this “Agreement”) apply to the conversational and AI-powered generative experiences on Microsoft Copilot with commercial data protection (“Copilot”). By using Copilot, you agree to be bound by this Agreement. In this Agreement “you” means you individually and not your organization.

1. Eligibility and Use Requirements. Your organization has given you the ability to use Copilot. You get to decide whether you use Copliot. Your use of Copilot is governed by this Agreement, as well as the Microsoft Services Agreement, including the Code of Conduct therein, which is incorporated by reference. You agree that Copilot constitutes a Service, as defined in the Microsoft Services Agreement. If there is any conflict between this Agreement and the Microsoft Services Agreement, the conflicting provision in this Agreement will control.  Your use of Copilot is also subject to the Microsoft Privacy Statement, which describes our collection, use, and disclosure of information relating to your use of Copilot. 

2. Using Copilot. Copilot may allow you to submit text or image inputs ("Prompts") and converse with an online computer-powered chatbot and in certain circumstances generate text content ("Text Creations"). Copilot may also allow you to generate images ("Image Creations," and together with Text Creations, the "Creations") based on your Prompts. By using Copilot, you are affirming that you have read this Agreement including the Content Policy (set forth below in Section 8) and the Code of Conduct, understand them, and will abide by them. You must use Copilot and the generated Creations only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with this Agreement, the Content Policy, and Microsoft Services Agreement documentation; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or entity (for clarity, "manner" includes without limitation the method, purpose and/or means of causing or attempting to cause Copilot to generate Creations). Due to the nature of Copilot, Creations may not be unique across users and Copilot may generate the same or similar output for Microsoft or other users. Other users may also ask similar questions and receive the same, similar, or different responses. Copilot includes machine to human conversational interactions which may include advertising that is not targeted based on your workplace identity or chat history.

3. Violations. Serious or repeated violations of the Code of Conduct and/or Content Policy may result in your suspension from Copilot. You may appeal against your suspension from Copilot by submitting an appeal through the relevant user interface. We reserve the right to permanently suspend your use of Copilot. 

4. Suspension and Cancellation. In addition to Section 3, we reserve the right to suspend or discontinue offering or supporting all or part of any of Copilot at any time and for any reason, to some or to all end users. We may deprecate any or all of the Copilot features and functionality. We may change or update Copilot at any time (including its features, functionality, user interface, user experience, or any combination of these or other aspects).  Subject to the requirements of law, we may limit, suspend, or terminate your use of Copilot at any time without notice and for any reason, including (without limitation) if you breach this Agreement (including by failing to comply with the Content Policy), if we suspect you are engaged in fraudulent or illegal activity, or if your access is suspended or closed by us or by your organization.

5. Ownership of Content. Microsoft does not claim ownership of Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, Copilot (including feedback and suggestions). You will need to make your own determination regarding the intellectual property rights you have in output content (e.g., without limitation, Creations) and its commercial usability, taking into account, among other things, your usage scenario(s) and the laws of the relevant jurisdiction. You warrant and represent that you or your organization owns or otherwise controls all of the rights to your content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content.  

6. No Guarantees; No Representations or Warranties; Indemnification by You. We plan to continue to develop and improve Copilot, but we make no guarantees or promises about how Copilot operates or that it will function as intended. Copilot is not error-free, may not work as expected, and may generate incorrect information. You should not rely on Copilot, and you should not use Copilot for advice of any kind. Your use of Copilot is at your own risk.  Without limiting Section 12 of the Microsoft Services Agreement in any way, but for the sake of clarity, Microsoft does not make any warranty or representation of any kind that any material created by Copilot does not infringe the rights of any third party in any subsequent use of the content you may use (including but not limited to copyright, trademark, rights of privacy and publicity, and defamation). You must use any content from Copilot in accordance with the Code of Conduct, Content Policy, and applicable law and subject to any third-party rights. In addition, you agree to indemnify and hold harmless Microsoft, its affiliates, employees, and any other agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of Copilot, including your subsequent use of any content from Copilot and your breach of this Agreement, the Microsoft Services Agreement, the Content Policy, or violation of applicable law. 

7. IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 OF THE MICROSOFT SERVICES AGREEMENT. IT AFFECTS HOW DISPUTES RELATING TO THIS AGREEMENT ARE RESOLVED. 

8. Supplemental Content Policy. While the use of Copilot is governed by the Code of Conduct section of the Microsoft Services Agreement, this Supplemental Content Policy (“Content Policy”) provides another level of explanation about how the Code of Conduct applies within Copilot.

A. Conduct. By using Copilot, you agree: 

  • Not to engage in activity that is harmful to you or others. Do not attempt to create or share content that could be used to harass, bully, abuse, threaten, or intimidate other individuals, or otherwise cause harm to individuals, organizations, or society. 

  • Not to engage in activity that is harmful to Copilot, including bot/scraping behaviors, technical attacks, excess usage, prompt-based manipulation, and other off-platform abuses. 

  • Not to engage in activity that violates the privacy of others. Do not attempt to create or share content that could violate the privacy of others, including disclosure of private information (sometimes known as “doxing”) or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information using Copilot.

  • Not to engage in activity that is fraudulent, false, or misleading. Do not attempt to create or share content that could mislead or deceive others, including for example creation of disinformation, content enabling fraud, or deceptive impersonation.

  • Not to infringe on the rights of others. Do not attempt to use Copilot to infringe on others’ legal rights, including intellectual property rights. 

  • Not to use Copilot to create or share inappropriate content or material. Copilot may not be used to create or share adult content, violence or gore, hateful content, terrorism and violent extremist content, glorification of violence, child sexual exploitation or abuse material, or content that is otherwise disturbing or offensive.

  • Not to do anything illegal. Your use of Copilot must comply with applicable laws.  

B. Content and Moderation. Copilot may block text or image Prompts that violate the Content Policy, or that are likely to lead to the creation of material that violates the Content Policy. Images or text that violate the Content Policy may be removed. Abuse of Copilot, such as repeated attempts to produce prohibited content or other violations of the Content Policy, may result in service or account suspension. Users can report problematic content via Feedback or the Report a Concern function. 

C. Appeal. If you feel your use of Copilot has been restricted in error, you may ask Copilot to reevaluate its decision to suspend access. To appeal a decision to restrict access to these experiences, please submit a request using Microsoft’s Report a Concern to Bing form outlining what you think we got wrong and why. While we encourage the use of Copilot, we reserve the right to ensure these tools are not abused.