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Effective date: May 27, 2026
These terms of use (“Marketplace Terms”) govern your access to and use of Microsoft Marketplace, and any Microsoft owned or operated online storefronts that point to offers cataloged by Microsoft Marketplace (collectively, including any updates to or successor storefronts “Microsoft Marketplace”). These Marketplace Terms supplement your Microsoft Customer Agreement (MCA) or applicable customer agreement with Microsoft (collectively, "Customer Agreement"). In the event of any conflict between these Marketplace Terms and the Customer Agreement, the terms of the Customer Agreement will control. By utilizing the Microsoft Marketplace, you accept these Marketplace Terms. Microsoft may update these Marketplace Terms at any time and will notify you of such changes by updating the last updated date. By continuing to use the Microsoft Marketplace after the changes become effective, you agree to the new terms. If you do not agree to the new terms, you must cease use of the Microsoft Marketplace.
1. Scope
The Microsoft Marketplace publishes listings for offers from third party publishers (“Publishers”) and Microsoft, including: contact me offers, free trial offers, bring your own license (BYOL) offers, transactable offers, and such other offer types that Microsoft enables (collectively, including any updates “Offers”).
These Marketplace Terms only govern your use of the Microsoft Marketplace, and the terms of sale when Microsoft is acting as the authorized representative of Publisher in the sale of Publisher Offers. The contract of sale is concluded directly between you and Publisher, and the terms of use, licenses, and other applicable terms that apply to your acquisition and use of Publisher Offers are governed by separate terms between you and the Publisher (“Publisher Terms”). Your acquisition and use of Microsoft Offers through the Microsoft Marketplace is governed by the Customer Agreement, including the DPA, the applicable Product Terms and SLAs, and any additional terms Microsoft presents when an order is placed.
2. Accessing the Microsoft Marketplace
(a) Permitted Use. You may access and use the Microsoft Marketplace for your personal and internal business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any data or information from the Microsoft Marketplace absent Microsoft permission. Use of the Microsoft Marketplace is subject to the restrictions set forth in the Customer Agreement. Microsoft reserves all rights to the Microsoft Marketplace not expressly granted by Microsoft, whether by implication, estoppel, or otherwise.
(b) Microsoft Account. You do not need a Microsoft account to access and browse the Microsoft Marketplace. However, you will need a Microsoft account to purchase Offers.
(c) Throttling. We may limit the number of requests that you can make to the Microsoft Marketplace to protect our system or to enforce reasonable limits on your use of the Microsoft Marketplace.
3. Publisher Terms
(a) Generally.
(i) The Microsoft Marketplace displays the Publisher of each Offer. A Publisher may provide their own Publisher Terms or leverage the Standard Contract for Microsoft Marketplace. Microsoft is not a party to and is not bound by any Publisher Terms. Microsoft acts as the authorized representative of Publisher in the sale of an Offer. The contract of sale is concluded directly between you and Publisher. You are responsible for your dealings with Publishers and your obligations under the Publisher Terms.
(ii) Publisher Terms do not modify any of these Marketplace Terms. You should review the Publisher Terms (including privacy terms) before accessing any Publisher Offer. Microsoft does not license any intellectual property to you as part of any third party Offer and is not responsible or liable to you for information or services provided by any Publisher.
(b) BYOL Offers. Publishers may make certain Offers available on the condition that you have obtained, outside of the Microsoft Marketplace, the rights necessary to use such Offers (“Bring-Your-Own-License (BYOL) Offers”). If you use any BYOL Offer, you are responsible for ensuring that you have sufficient rights to use the BYOL Offer.
(c) Support Obligations. You are responsible for confirming the Publisher’s support obligations for Publisher Offers. Microsoft is not responsible or liable in any way for supporting any Publisher Offer.
4. Terms of Sale
(a) Purchase of Microsoft Offers. Your purchase of Offers published by Microsoft on the Microsoft Marketplace is governed by the pricing and payment terms of the Customer Agreement.
(b) Purchase of Publisher Offers. When you purchase a transactable Publisher Offer through the Microsoft Marketplace, Microsoft does not act as the customer’s contractual partner, but as a representative of the Publisher. The purchase contract is concluded directly between the customer and the Publisher. Microsoft is solely responsible for concluding the purchase contract on behalf of the Publisher and for processing payments. You authorize Microsoft and/or our third-party payment processors to charge your designated payment method for the applicable purchase price and taxes for the Offer. All purchases are final upon confirmation unless otherwise specified in the applicable Publisher Terms or refund policy.
(c) Credits and Prepayment. Unless indicated otherwise for a particular Offer, neither Microsoft subscription credits (such as free trial, MSDN, or Microsoft for Startups) nor Azure prepayment funds may be used to purchase Offers.
(d) Free Trials. If you take part in a free trial subscription for an Offer, you must cancel your subscription before the end of the trial period to avoid incurring charges. If you do not cancel your subscription by the end of free trial period, you will be charged for the Offer at the applicable purchase price. If you create multiple subscriptions to a free trial Offer, the trial period applicable to all such subscriptions will commence on the date that you create your first subscription, and, upon notice, all such subscriptions will convert to paid Offers thereafter.
(e) Suspension and Cancelation. We may suspend or cancel your access to the Microsoft Marketplace and your Microsoft account for any violation by you of these Marketplace Terms.
(f) Price Changes. Prices of Offers may change during the term. You will be notified prior to any price increase going into effect. For more information, see Price Changes to Marketplace Products.
(g) Refunds. Purchases of Offers on the Microsoft Marketplace may be eligible for refunds. For more information, see Refund Policies for Microsoft Marketplace.
5. Privacy and Data Protection
Your use of the Microsoft Marketplace is subject to the data protection and privacy provisions of the Customer Agreement and Microsoft's Privacy Statement. If you purchase or use a Publisher's Offer, Microsoft may share with the Publisher your contact information, transaction details, and usage information. Publishers are responsible for their own privacy practices with respect to data collected by their Offers.
6. Notices and Procedure for Making Claims of Intellectual Property Infringement
We respect the intellectual property rights of others. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement accessible at: https://www.microsoft.com/legal/intellectualproperty/infringement. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE. We use the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement.
7. LINKS TO THIRD PARTY SITES
THE LINKS TO THIRD PARTY SITES WILL LET YOU LEAVE THE MICROSOFT MARKETPLACE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.
8. NO WARRANTIES
MICROSOFT, AND OUR AFFILIATES, SUPPLIERS, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE MICROSOFT MARKETPLACE. YOU UNDERSTAND THAT USE OF THE MICROSOFT MARKETPLACE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE MICROSOFT MARKETPLACE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE MICROSOFT MARKETPLACE. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE MICROSOFT MARKETPLACE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT WITH RESPECT TO THE MICROSOFT MARKETPLACE AND OFFERS. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE MICROSOFT MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CUSTOMER DATA LOSS WON'T OCCUR.
9. Limitation of Liability
If Microsoft breaches these Marketplace Terms, or if you have any basis for recovering damages despite these Marketplace Terms’ limitations, you agree that your exclusive remedy is to recover from Microsoft or any affiliates, suppliers, resellers, distributors, and vendors, direct damages up to $5,000. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these Marketplace Terms, such as: (i) loss of Customer Data; (ii) any dispute with a Publisher, (iii) any virus affecting your use of any Offers; (iv) delays or failures in starting or completing transmissions or transactions; (v) claims for breach of contract, warranty, guarantee, or condition; (vi) strict liability, negligence, misrepresentation, omission, trespass, or other tort; (vii) violation of statute or regulation; or (viii) unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.
10. Offer Availability
The Microsoft Marketplace, Offers, and other materials offered through the Microsoft Marketplace may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
11. Changes to the Marketplace
Microsoft may remove or change features or functionality of the Microsoft Marketplace or stop providing access to an Offer (including subscription Offers) and the Microsoft Marketplace altogether at any time. Microsoft may release the Microsoft Marketplace or its features in a preview or beta version, which may not work correctly or in the same way the final version may work.