Microsoft Services Agreement (Legacy)

The Microsoft Services Agreement governs consumer use of Microsoft's suite of consumer products and services, including Outlook, OneDrive, Xbox, Bing, Microsoft 365 Personal and Family, Skype, and related offerings, establishing a binding contract between Microsoft Corporation and users upon account creation or service use. The agreement states that users grant Microsoft a worldwide, royalty-free, non-exclusive license to use content they submit or post, authorizes Microsoft to suspend or terminate accounts for conduct violations without liability, and reserves the right to modify service terms with 30 days notice for material changes. The agreement includes a binding arbitration clause with class action waiver applicable to US residents, a limitation of liability capping Microsoft's aggregate liability at the amount paid in the 12 months preceding the claim or $10 USD for free services, and content moderation provisions that permit Microsoft to remove user content or terminate accounts at its discretion. The agreement engages the Federal Trade Commission Act regarding unfair or deceptive practices, COPPA with respect to its prohibition on users under 13, GDPR and applicable EU consumer protection law for European users, and CCPA for California residents, with Microsoft noting that certain jurisdiction-specific terms may modify or supersede these provisions. The arbitration clause and class action waiver may be subject to enforceability challenge in certain US states and are explicitly stated not to apply to users in the European Union or other jurisdictions where such terms are unenforceable.