Microsoft APIs and API Terms
Terms and Conditions
MICROSOFT API LICENSE TERMS
MICROSOFT BUSINESS ASSIST FORECAST API AND BUSINESS ASSIST SELFHELP API PREVIEW
IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE "BINDING ARBITRATION AND CLASS ACTION WAIVER" SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the APIs named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft's rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE API(s), YOU ACCEPT THESE TERMS.
ACCESS AND USE RIGHTS.
a) Microsoft will provide you with access to the API, subject to your compliance with this agreement. You may use the Microsoft Business Assist Forecast API to forecast your support case volume. You may use the Microsoft Business Assist SelfHelp API to integrate with your API, so your customer support agents can use this API to provide troubleshooting tips and Bing search query results article. Microsoft reserves the right to discontinue offering the API at any time in its sole discretion. Microsoft may provide you with one or more passwords or other credentials for use of the API ("API Credentials"). These API Credentials may be separate from the credentials associated with Microsoft 365 Commercial Subscription.
b) Competitive Benchmarking. If you are a direct competitor, and you access or use the software for purposes of competitive benchmarking, analysis, or intelligence gathering, you waive as against Microsoft, its subsidiaries, and its affiliated companies (including prospectively) any competitive use, access, and benchmarking test restrictions in the terms governing your software to the extent your terms of use are, or purport to be, more restrictive than Microsoft's terms. If you do not waive any such purported restrictions in the terms governing your software, you are not allowed to access or use this software and will not do so.
c) Your Responsibilities.
i. Prohibited Actions. You will not, and will not authorize any third party to, do any of the following:
(1.) Use any automated means, including, without limitation, agents, robots, scripts or spiders, to access the API or bypass Microsoft's tools or services to interfere or attempt to interfere with the proper working of the API.
(2.) Take any action that imposes an unreasonably or disproportionately large burden on Microsoft's infrastructure, including the API, as determined by Microsoft in its reasonable discretion; or
(3.) Otherwise engage in any other unlawful or fraudulent practices in connection with your use of the API.
ii. Protecting API Credentials. You must protect the confidentiality and security of your API Credentials. This includes:
(1.) Not sharing or disclosing your API Credentials to any third party.
(2.) Notifying Microsoft immediately if your API Credentials are stolen or leaked; and
(3.) Using reasonable technical means to secure the API Credentials within your software or service, including not storing the API Credentials in plain text in a configuration file, in clear text as appended to a URL address, or in any other means that enables easy, unencrypted access to the API Credentials.
d. Indemnity. You will indemnify and hold Microsoft and its affiliates, agents and employees harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of any breach by you under this Agreement or your products or services that use the API. You will be solely responsible for defending any claim, subject to Microsoft's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on Microsoft without Microsoft's prior written consent.
TIME-SENSITIVE ACCESS.
a) Period. This agreement is effective on your 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.
b) Access to data. You may not be able to access data gathered when the API stops running.
PRE-RELEASE API. The APIs are a pre-release version. They may not operate correctly. They may be different from the commercially released version or these APIs. These APIs may not become commercially available.
FEEDBACK. If you give feedback about the APIs to Microsoft, you give Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because Microsoft includes your feedback in them. These rights survive this agreement.
DATA.
a) Data Collection. The APIs may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. Your use of the API operates as your consent to these practices.
b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/legal/gdpr>.
COMMERCIAL SUBSCRIPTION. Use of the API requires a Microsoft commercial subscription. Your access to the software made available on account of your commercial subscription must comply with the existing terms for that subscription that apply to you through your subscription or your organization's subscription. You may lose access to the service if a) your or your organization's subscription expires, or b) your organization decides to terminate your license to access the service.
EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is "as is", "with all faults", and without warranty of any kind.
BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can't, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor are combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at https://aka.ms/arb-agreement-4. You and Microsoft agree to these terms.
ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. This agreement is governed by Washington law, without regard to its conflicts of law rules. You submit to venue and personal jurisdiction in the federal and state courts in King County, Washington for any dispute arising out of or related to this agreement and waive all objections to jurisdiction and venue of such courts and agree not to commence or prosecute any such dispute other than in such courts. The prevailing party is entitled to recover its costs, including reasonable attorney's fees in any action or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement. You may not assign, sublicense, transfer, or otherwise dispose of this agreement or your right to access the API without Microsoft's prior written approval. This agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or communications.
DISCLAIMER OF WARRANTY. THE API IS LICENSED "AS IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
** It also applies even if Microsoft knew or should have known about the possibility of damage. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
CONFIDENTIAL INFORMATION. The APIs, including its user interface, if any, features and documentation, is confidential and proprietary to Microsoft and its suppliers.
a) Use. For five years after installation of the software or its commercial release, whichever is first, you may not disclose confidential information to third parties. You may disclose confidential information only to your employees and consultants who need to know the information. You must have written agreements with them that protect confidential information at least as much as this agreement.
b) Survival. Your duty to protect confidential information survives this agreement.
c) Exclusions. You may disclose confidential information in response to a judicial or governmental order. You must first give written notice to Microsoft to allow it to seek a protective order or otherwise protect the information. Confidential information does not include information that:
i. becomes publicly known through no wrongful act.
ii. you received from a third party who did not breach confidentiality obligations to Microsoft or its suppliers; or
iii. you developed independently.
Privacy and data protection
Learn about Microsoft privacy and data protections.
Exceptions
DATA
Data Collection and Processing. The API may collect information about you and your use of the tool and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services.
You can learn more about data collection and use in the help documentation and the privacy statement. Your use of the API services you operate as your consent to these practices.
BY USING API BUSINESSASSIST.MICROSOFT.COM, YOU UNDERSTAND THAT ALL DATA WILL BE PROCESSED IN THE UNITED STATES. IF YOU DO NOT AGREE TO DATA PROCESSING IN THE UNITED STATES, DO NOT USE API SOLUTION.
BY USING API EUR.BUSINESSASSIST.MICROSOFT.COM, YOU UNDERSTAND THAT ALL DATA WILL BE PROCESSED AND STORED IN THE EUROPEAN BOUNDARIES. IF YOU DO NOT AGREE TO DATA PROCESSING AND DATA STORAGE IN THE EUROPEAN BOUNDARIES, DO NOT USE API SOLUTION.