Version: 2.3
Introduction
Welcome to Microsoft Azure. This Azure Services Agreement ("Agreement") governs your use of Microsoft Azure services and related software and technologies. By accessing or using Azure services, you agree to be bound by the terms of this Agreement.
This Agreement is between you ("Customer" or "you") and Microsoft Corporation ("Microsoft", "we" or "us").
1. Azure Services
1.1 Provision of Services
Microsoft will make Azure services available to you as described in the applicable online service terms, documentation, and order forms. Microsoft will use commercially reasonable efforts to provide Azure services in accordance with the Service Level Agreements (SLAs) referenced in the Azure documentation. Your sole and exclusive remedy for any failure by Microsoft to meet an SLA will be as set forth in the applicable SLA.
1.2 Acceptable Use Policy
You agree to comply with the Microsoft Azure Acceptable Use Policy, available at https://azure.microsoft.com/en-us/support/legal/acceptable-use-policy/. You are responsible for ensuring that your use of Azure services complies with this policy.
1.3 Modifications to Services
Microsoft may make changes to Azure services from time to time, but will provide you with notice of any material changes that adversely affect your use of the services.
2. Your Responsibilities
2.1 Account Security
You are responsible for maintaining the confidentiality of your Azure account credentials and for all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account.
2.2 Content and Data
You retain all rights to any data, content, or applications you create, upload, store, or process using Azure services ("Customer Data"). You are solely responsible for the accuracy, quality, integrity, legality, and reliability of Customer Data.
2.3 Compliance with Laws
You agree to use Azure services in compliance with all applicable laws and regulations.
3. Payment and Billing
3.1 Fees
You agree to pay all fees incurred in connection with your use of Azure services, as set forth in the applicable pricing and order documentation. All fees are non-refundable unless otherwise specified.
3.2 Billing
Microsoft will bill you according to the payment method you provide. You agree to provide accurate and complete billing information and to promptly update this information if it changes.
4. Intellectual Property
4.1 Microsoft's Intellectual Property
Microsoft owns all intellectual property rights in Azure services. This Agreement does not grant you any rights to Microsoft's intellectual property other than the limited right to use Azure services as permitted by this Agreement.
4.2 Feedback
If you provide any feedback to Microsoft regarding Azure services, you grant Microsoft a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, distribute, and display that feedback for any purpose.
5. Termination
5.1 Termination for Cause
Either party may terminate this Agreement if the other party breaches a material provision and fails to cure such breach within thirty (30) days after receiving written notice thereof. Microsoft may also terminate this Agreement or suspend your access to Azure services immediately if you violate the Acceptable Use Policy or engage in fraudulent or illegal activities.
5.2 Effect of Termination
Upon termination of this Agreement, your right to use Azure services will cease. Microsoft may retain or delete Customer Data in accordance with its data retention policies.
6. Disclaimers and Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AZURE SERVICES ARE PROVIDED "AS IS". MICROSOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL MICROSOFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF AZURE SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Governing Law
This Agreement will be governed by the laws of the State of Washington, without regard to its conflict of laws principles.
8. General Provisions
This Agreement constitutes the entire agreement between you and Microsoft regarding Azure services and supersedes all prior or contemporaneous understandings and agreements.
Any notices required or permitted to be given under this Agreement will be in writing and will be deemed effectively delivered when sent to the appropriate contact information provided by each party.