Microsoft can change the rules of using its services at any time by emailing you or posting a notice, and if you keep using the services after the change, you automatically agree to the new terms.
This analysis describes what Microsoft's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause establishes the mechanism by which contractual terms can be updated unilaterally, with notification serving as the procedural requirement rather than user consent. It creates an operational framework where service terms remain dynamic rather than fixed at initial acceptance.
Continued use of Microsoft services after a terms change constitutes binding acceptance of new terms, meaning your rights and Microsoft's obligations can change without your explicit consent, creating ongoing legal and privacy exposure.
How other platforms handle this
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Fitbit Service. When you use the Fitbit Service after a modification becomes effective, you are telling us that you accept the modified Terms.
We may (and probably will) create updated versions of these Terms in the future, as the Riot Services and applicable laws and regulations evolve. When we do, we'll inform you of the new Terms which will supersede and replace these Terms in writing (e-mail is sufficient).
Stripe may modify these terms or the fees for the Services at any time by providing 30 days' notice to you. Your continued use of the Services after the effective date of a modification constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you may terminate th...
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"We may change these Terms of Service (including the applicable additional terms of service) at any time, and we'll tell you about significant changes using one of the following methods: (i) we may send an email to the email address you provided us, or (ii) we may post a notice on the applicable website or through the applicable services. If you continue to use the Services after these changes take effect, then you accept the new agreement. If you do not accept the new agreement, stop using the Services and close your account.— Excerpt from Microsoft's Microsoft Services Agreement (Legacy)
REGULATORY FRAMEWORK: Unilateral modification clauses are subject to scrutiny under GDPR Art. 7(3) (right to withdraw consent) and Art. 13 (transparency about changes to processing purposes) for EU users, as changes to data processing terms may require fresh lawful basis. The UK's Consumer Rights Act 2015 (Section 62) renders unfair terms in consumer contracts unenforceable. FTC Act Section 5 applies to deceptive notice practices. The EU Unfair Contract Terms Directive (93/13/EEC) applies to standard consumer contracts in EU member states.
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This clause establishes the mechanism by which contractual terms can be updated unilaterally, with notification serving as the procedural requirement rather than user consent. It creates an operational framework where service terms remain dynamic rather than fixed at initial acceptance.
Continued use of Microsoft services after a terms change constitutes binding acceptance of new terms, meaning your rights and Microsoft's obligations can change without your explicit consent, creating ongoing legal and privacy exposure.
ConductAtlas has identified this type of provision across 63 platforms. See the full comparison.
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