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Terms of use

Microsoft

Microsoft Services Agreement

F

Risk score

100of 100

In short

  • You accept terms that govern your use of Microsoft consumer services, including mandatory arbitration for U.S. residents who waive their right to a jury trial.
  • The agreement allows unilateral changes with continued use as consent, retains content licenses for service improvement and advertising personalization, and sets strict limits on liability.
  • You also agree to auto-renewing subscriptions and potential loss of access to purchased products or data upon account closure.

What you accept

If you tap Agree

Everyday words for the material promises and rights you give up. Each line includes a quote from the document.

  1. 01

    You are agreeing to binding arbitration and class action waivers for disputes in the U.S., giving up your right to a jury or public court trial except in small claims.

    This product

    “You and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court.”
  2. 02

    You are agreeing that Microsoft can change these Terms at any time, and using the Services after notification means you accept the new terms.

    Other products, stores, or brands

    “We may change these Terms at any time... Using the Services after the changes become effective means you agree to the new terms.”
  3. 03

    You are agreeing to grant Microsoft a worldwide, royalty-free license to use Your Content to improve services, protect users, and potentially promote the Service.

    This product

    “you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content... to improve Microsoft products and services... Your Content may appear in demonstrations or materials that promote the Service.”
  4. 04

    You are agreeing that Microsoft is not liable for service disruptions, loss of content, or errors, and that you bear the entire risk of using the Services.

    Other products, stores, or brands

    “MICROSOFT, AND OUR AFFILIATES... MAKE NO WARRANTIES... YOU BEAR THE ENTIRE RISK OF USING THE SERVICES.”
  5. 05

    You are agreeing to recurring payments for subscriptions until you cancel, with price changes possible upon 15 days' notice.

    This product

    “when you purchase the Services on a subscription basis... you agree that you are authorizing recurring payments... We may change the price of the Services at any time... notify you... at least 15 days before the price change.”

What it can cost you

Downsides we could quote

Quoted clauses that can affect your privacy, money, or right to go to court — including terms that follow you to other products.

Highest-cost clauses first

High cost

Forced arbitration or class-action waiver

You are agreeing to bind all U.S. disputes to arbitration and waive your right to a jury or class action lawsuit.

“The Microsoft Services Agreement contains binding arbitration and class action waiver terms that apply to U.S. residents. You and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court.”

What that means: You lose the right to a public trial and cannot join lawsuits with other users if Microsoft harms you.

U.S. residents must resolve disputes through private arbitration and cannot participate in class actions or go to court with a judge and jury.

High cost

Jury trial or court access waived

You are agreeing to waive your right to have any legal dispute heard in your local court venue.

“You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes... that are not heard in arbitration or small claims court.”

What that means: You are forced to travel to Washington state for any non-arbitrated legal proceedings.

If an exception to arbitration applies, you must litigate in King County, Washington, waiving your local court rights.

High cost

Liability shifted onto the user

You are agreeing to accept the services with zero guarantees and limited ability to recover damages.

“MICROSOFT, AND OUR AFFILIATES... MAKE NO WARRANTIES... YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. ... direct damages up to an amount equal to your Services fee for the month... (or up to $10.00 if the Services are free).”

What that means: If Microsoft loses your data or breaks the service, you likely recover almost nothing.

Microsoft provides services 'as is' with no warranties and caps damages at a very low amount, shifting all risk to the user.

High cost

Auto-renewal or hard-to-cancel paid terms

You are agreeing to automatic recurring billing until you take specific steps to terminate the subscription.

“when you purchase the Services on a subscription basis... you agree that you are authorizing recurring payments... until the subscription for that Service is terminated by you or by Microsoft.”

What that means: You continue paying for services even if you forget to cancel or stop using them.

Subscriptions automatically renew and charge you until you actively cancel them.

Medium cost

Unilateral changes with little or no notice

You are agreeing to be bound by any future changes to the terms simply by continuing to use the service.

“We may change these Terms at any time... Using the Services after the changes become effective means you agree to the new terms.”

What that means: You may be bound by new terms you haven't actively reviewed or agreed to separately.

Microsoft can modify the agreement at any time, and your continued use constitutes acceptance without explicit new consent.

Medium cost

Broad license to user content

You are agreeing to let Microsoft use your content globally and royalty-free for its own business purposes.

“you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content... to improve Microsoft products and services... Your Content may appear in demonstrations or materials that promote the Service.”

What that means: Your photos, documents, or creations can be used by Microsoft for training, demos, or ads.

Microsoft takes a broad license to use your content not just for service operation but for improvement and promotion, though they claim no ownership.

Medium cost

Indefinite retention

You are agreeing that Microsoft may retain your data indefinitely if legally required or for security reasons.

“we’ll delete Data or Your Content associated with your Microsoft account or will otherwise disassociate it from you... unless we are required by law to keep it... You should have a regular backup plan as Microsoft won’t be able to retrieve Your Content or Data once your account is closed.”

What that means: You may lose access to paid products or data permanently without recovery options.

Data deletion is not guaranteed to be immediate or complete; Microsoft keeps data if legally required or for security, and you lose access permanently.

Medium cost

Tracking you across apps

You are agreeing to let Microsoft track and share your detailed gaming behavior with outside companies.

“information about your game play, activities and usage of games and XBOX Services will be tracked and shared with applicable third parties, including game developers and publishers... Microsoft may share limited account and usage-related information... with that party”

What that means: Third parties see what games you play, how long you play them, and your social connections.

Gaming activity, history, and usage data are tracked and shared with third-party developers and publishers.

Medium cost

Location or sensitive-data over-collection

You are agreeing to allow Microsoft to support parental monitoring tools for minor accounts.

“your parent or guardian may have control over many aspects of your account... If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use... including purchases”

What that means: Parents can monitor and control a child's app usage, location, and spending.

Minors' accounts are subject to parental controls and monitoring, implying collection of age and usage data for family features.

Medium cost

Difficult or incomplete deletion

You are agreeing that closing your account results in total forfeiture of content and balances.

“Closure of your access to a Service or your account may result in forfeiture of content licenses, associated content, memberships, and Microsoft account balances associated with the account.”

What that means: You lose everything in your account immediately upon closure.

Deleting your account results in the permanent loss of stored content, memberships, and balances with no recourse.

Medium cost

Children’s data

You are agreeing that minors using the service are bound by these terms through their guardian.

“If you do not know whether you have reached the age of majority where you live... ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms”

What that means: Children under the age of majority use the service under their guardian's legal responsibility.

The document acknowledges minors using the service and binds them to the terms via guardians.

Lower cost

You take the risk of injury or death

You are agreeing to assume the risk of physical injury or health reactions from using the software.

“To avoid possible injury, discomfort or eye strain... Discomfort might include feelings of nausea, motion sickness, dizziness... A very small percentage of people may experience seizures...”

What that means: You are responsible for your own physical well-being while using apps or games.

The terms warn that using applications can cause physical discomfort or health issues like seizures, placing the risk on the user.

Where this can follow you

Names that appear in this document for other apps, parks, stores, or brands. A click here can be used there.

  • Affiliates and sister brands

People also accept these terms in

The same company terms often apply on these apps or devices. This is a lookup aid, not a claim we caught this company.

  • Xbox
  • Xbox Live
  • Xbox Game Pass

If these terms already apply to you

Keep this list. Fineprint cannot undo or cancel something you already agreed to at the company.

We cannot see Agree on their site. With Premium, tap “I accepted these terms” if you already agreed to what Microsoft asks.