Microsoft · Microsoft Services Agreement (Legacy)

Liability Cap — 12 Months of Fees Paid

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What it is

To the extent permitted by law, the total liability of Microsoft, and your exclusive remedy, is limited to direct damages up to the amount you paid for the service in the 12 months before the claim arose or USD $100.00, whichever is greater.

Why it matters

For free service users, this cap means your maximum recovery is just $100 even if Microsoft causes significant harm such as a data breach, loss of important stored documents, or prolonged service outage that affects your business or personal life.

Consumer impact

Microsoft's Services Agreement governs all major consumer Microsoft products and contains provisions that materially limit consumer rights, including mandatory arbitration and a class action waiver for US users, a broad content license that allows Microsoft to use anything you post or store, and a unilateral right to suspend or terminate accounts with limited notice. Consumers face significant data exposure through Microsoft's broad collection and use practices across services, and limited financial recourse given liability caps set at the amount paid in the prior 12 months. You can opt out of arbitration by mailing written notice to Microsoft Corporation, One Microsoft Way, Redmond, WA 98052 within 30 days of first accepting the agreement.

Applicable agencies

  • FTC
    The FTC has authority to investigate liability cap provisions in consumer contracts that may constitute unfair practices by effectively immunizing companies from accountability for data breaches or service failures.
    File a complaint →

Provision details

Document information
Document
Microsoft Services Agreement (Legacy)
Entity
Microsoft
Document last updated
March 5, 2026
Tracking information
First tracked
March 5, 2026
Last verified
April 4, 2026
Record ID
CA-P-002064
Document ID
CA-D-00002
Evidence Provenance
Source URL
Wayback Machine
SHA-256
0099b077a7c627b606b6d557b5e892880a2254bab6659c33dc99032a0dd51bdd
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Microsoft | Document: Microsoft Services Agreement (Legacy) | Record: CA-P-002064
Captured: 2026-03-05 09:35:26 UTC | SHA-256: 0099b077a7c627b6…
URL: https://conductatlas.com/platform/microsoft/microsoft-services-agreement-legacy/liability-cap-12-months-of-fees-paid/
Accessed: April 4, 2026
Classification
Severity
High
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