Microsoft and its affiliates, resellers, distributors, and vendors disclaim all express and implied warranties regarding the Services, providing them on an 'as is, with all faults, as available' basis, with the user bearing the entire risk of use.
This analysis describes what Xbox'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 provision establishes a broad disclaimer of all warranties and conditions for the Services, qualified by the phrase 'to the extent permitted under your local law,' which preserves statutory consumer protections that may override the disclaimer in applicable jurisdictions.
Interpretive note: The practical scope of the disclaimer depends on applicable local law in each jurisdiction, which may preserve statutory consumer guarantees that override the contractual disclaimer.
This new provision in all-caps explicitly disclaims all warranties and shifts all service reliability risk to users, limiting Microsoft's liability for service failures or inaccuracies.
View full change record →Under this clause, Microsoft disclaims all express and implied warranties for the Services, and the agreement states that users bear the entire risk of use. The disclaimer is explicitly qualified by applicable local law, which means statutory consumer protections in relevant jurisdictions may limit the disclaimer's practical scope.
Cross-platform context
See how other platforms handle Disclaimer of Warranties and similar clauses.
Compare across platforms →"MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN 'AS IS' BASIS 'WITH ALL FAULTS' AND 'AS AVAILABLE.' YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WExcerpt from Xbox's Terms of Use
(1) REGULATORY LANDSCAPE: Broad warranty disclaimers in consumer contracts interact with EU Consumer Rights Directive and UK Consumer Rights Act 2015 provisions that establish mandatory statutory guarantees for digital services and products that cannot be …
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This provision establishes a broad disclaimer of all warranties and conditions for the Services, qualified by the phrase 'to the extent permitted under your local law,' which preserves statutory consumer protections that may override the disclaimer in applicable jurisdictions.
Under this clause, Microsoft disclaims all express and implied warranties for the Services, and the agreement states that users bear the entire risk of use. The disclaimer is explicitly qualified by applicable local law, which means statutory consumer protections in relevant jurisdictions may limit the disclaimer's practical scope.
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