Microsoft 365 Backup preview terms and conditions
Effective Date: November 15, 2023
"Company" means the Enterprise customer that uses this Preview Feature.
By using this Preview Feature, you accept these Terms and Conditions and all rights and obligations within. If you do not agree to these Terms and Conditions, DO NOT use the Preview Feature. These Terms and Conditions govern the use of the Preview Feature offerings as described below.
"Feedback" is all suggestions, comments, feedback, ideas, or know how, in any form, that Company provides to Microsoft. It doesn't include sales forecasts, financial results, future release scheduled, marketing plans and high-level product plans or feature lists for anticipated products.
MICROSOFT OFFERING: Microsoft 365 Backup offers backup and recovery of OneDrive, SharePoint, and Exchange Online data for large volumes of data within the Microsoft 365 security boundary. Microsoft 365 Backup can restore your data in case of accidental deletion or ransomware. Customers will be able to sign up for Microsoft 365 Backup through Microsoft admin center. With Microsoft 365 Backup, customers can back up enterprise user accounts, sites, and mailboxes of users.
PREVIEW FEATURE: To terminate your Feature Preview during the Preview Period, stop using the Preview Feature. Microsoft may change or discontinue the Preview Feature at any time with or without notice. Microsoft may also choose not to make the Preview Feature generally commercially available.
During the Preview Period, Company will allow its tenant admins to back up SharePoint sites, OneDrive accounts, and Exchange mailboxes. Company must be aware that this is a preview service and all the limitations described in these Terms and Conditions.
Prerequisite Requirements to enable Microsoft 365 Backup pay-as-you-go are:
An Azure subscription with admin access as owner or contributor on the subscription
A Microsoft 365 tenancy with either Microsoft 365 admin access or SharePoint admin access
An Azure resource group
No service-level agreement (SLA) applies to this Feature Preview.
THE PREVIEW FEATURE IS PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Microsoft provides no performance guarantee for the Feature Preview (including accompanying URLs provided for embedded or unauthenticated viewing) and Company bear the risk of using it. The Feature Preview isn't included in the SLA for Microsoft Syntex and may not be covered by customer support.
Backup restores are meant to recover from attacks, not to circumvent primary storage costs or other unintended purposes. Periodic testing is permitted, but not in excessive amounts. Restores should be limited to no more than two (2) restores per protected site/mailbox per month, unless recovering from a real attack.
RELATIONSHIP WITH COMPANY’S CUSTOMERS: If Company is an Independent Software Vendor (“ISV”) both Parties, Microsoft and ISV retain responsibility for and control over all aspects of its relationship with its customers/users for the purpose of these Terms. Nothing in these Terms changes or terminates either Party’s rights or obligations with regard to, or its relationship with, its customers/users. Microsoft won't be a Party to any ISV’s customer agreement that Company may use with its customers/users to test the Feature Preview, and Microsoft won't be identified to Company’s customers/users, as a direct support provider for Company’s customers/users of the Feature Preview.
Nothing in this Agreement changes Company’s responsibility with regard to ISV’s customers/users data. “User Data” means any data, images, text, content, code, or other information or materials that a user provides to ISV or Microsoft. ISV is solely responsible for informing Company’s customers/users that this is a Preview Feature, and that ISV has all the legal authorizations to allow ISVs customers/users data to be stored in the Preview Feature. ISV’s and their customers/users will not hold Microsoft liable from any liability arising out of or in connection with this Agreement.
LICENSE
If Company provides Feedback, Company grants to Microsoft, without charge, the nonexclusive License to make, modify, distribute, or otherwise commercialize the Input as part of any Microsoft offering.
The above License doesn't extend to any technologies that may also be necessary to make or use any offering or portion thereof that incorporates the Feedback but aren't themselves expressly part of the Input (for example, enabling technologies).
PAYMENT TERMS
Microsoft 365 Backup uses pay-as-you-go (PAYG) billing through an Azure subscription. Microsoft 365 Backup billing is determined by how much data in GB you backup using Microsoft 365 Backup in GBs. Company will be able to view this usage as meter events through the Azure subscription it chooses.
Microsoft 365 Backup Feature Preview pricing is as follows:
| Microsoft 365 Backup Meters | Meter Unit | Price |
|---|---|---|
| Backup storage | $/GB/Month | $0.15 |
LENGTH OF OBLIGATIONS; DISCLOSURE
Preview Period. The Preview Period continues in effect until June 30, 2024, or 30 days after Commercial General Availability of the Preview Feature, whichever is first. Company may terminate their use of the Preview Feature at any time. Terminating use of the Preview Feature won't change any of the rights, licenses granted, or duties made while the Preview Period is in effect. Termination is defined as i) the Company’s termination of use of the Preview Feature and/or ii) the Preview Period ends.
Effects upon Termination. Once terminated, Company will no longer have access to Microsoft 365 Backup and all the backed-up content if Microsoft doesn't continue with the then generally available Microsoft 365 Backup features. Should Microsoft choose to make the Microsoft 365 Backup service generally available a pay-as-you-go (PAYG) billing through an Azure subscription, Company may continue without interruption.
TERMINATION FOR NON-PAYMENT
In case the Company’s Azure subscription goes into an unhealthy stage of deleted or canceled or suspended, we'll prevent any future backup and restores until the subscription is back to a healthy state. Company has 30 days to recover any backed-up data and restores by bringing back the subscription to an active state. If no action is taken from the Company to bring subscription back to active state in 30 days, we'll soft delete the backed-up data from systems after this 30 days. Upon reactivation, Company must also pay for Microsoft 365 Backup usage for the days the subscription was in unhealthy state. This Agreement can't be extended. Microsoft may also choose not to make the Preview Feature generally commercially available.
REPRESENTATIONS AND LIMITATIONS
Input. Company represents that it will not give any Feedback that:
Violates any copyright or trade secret claim or right of any third party;
It has reason to believe violates any patent claim or right of any third party; or
Is subject to an excluded license.
Authority. Company represents it has all rights and authority necessary to be legally bound to these Terms and Conditions and grant the rights described therein for itself and its affiliates.
Limitations. All information, materials, and feedback are provided “as-is” and Company bears the risk of using them; Company gives no express warranties, guarantees, or conditions as to its Feedback; and to the extent permitted under local law, Company excludes the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to its Input.
LIMITATIONS ON AND EXCLUSIONS OF REMEDIES AND DAMAGES
Except as described herein, the only remedy for claims relating to these Terms and Conditions is for Company to terminate its use of the Preview Feature. Neither Party can recover any damages, including direct, consequential, lost profits, special, punitive, indirect, or incidental damages from the other. This limitation applies:
To claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
Even if one of us knew or should have known about the possibility of the damages.
The limitations in this section don't apply to claims arising from or in connection with any infringement, misuse, or misappropriation by one of us of the other’s intellectual property rights.
Feedback
Coming soon: Throughout 2024 we will be phasing out GitHub Issues as the feedback mechanism for content and replacing it with a new feedback system. For more information see: https://aka.ms/ContentUserFeedback.
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