Updated: June 2022
This Microsoft Cloud for Industries Trial Services Agreement (“Trial Terms”) describes the applicable terms for trial services offered under Microsoft’s Cloud for Industries (“MCI”). These terms supplement the applicable terms of the Microsoft Online Subscription Agreement (https://go.microsoft.com/fwlink/?linkid=2131104) (“Agreement”) and any terms referenced therein that govern your use of the MCI Trial Service. For the purposes of these Trial Terms, any trial of a commercially-available Online Service that links to these Trial Terms will be referred to as an “MCI Trial Service”.
All terms used but not defined will have the same meanings as in the Agreement. Any additional legal terms that apply to your use of a specific MCI Trial Service (“Specific Terms”) are set forth below. If an MCI Trial Service links to these Trial Terms but it is not listed below, then that MCI Trial Service does not have any Specific Terms, but that MCI Trial Service remains subject to the rest of the applicable terms below.
For clarity, MCI solutions are built upon various Microsoft services and tools. As such, the Trial Terms reference specific Microsoft services on which MCI solutions hold dependencies.
1. MCI Trial Terms
A. Trial Period. MCI Trial Service allows one trial per customer organization at any given time (“Trial Instance”), and each such Trial Instance will remain accessible for a 30-day period beginning on the date when the first user of a given Trial Instance is first given access to it (“Trial Instance Effective Date”) until the date that is 30 days after such date (each, a “Trial Period”). When the Trial Period for any given Trial Instance expires, that Trial Instance will be deleted, and you may create a new Trial Instance in its place (subject to the foregoing limit on concurrent Trial Instances). Any data associated with a Trial Instance is subject to Section 1(E) below.
B. Termination. Without limiting the generality of any applicable terms in the Agreement, Microsoft may terminate your access to this MCI Trial Service through a given Trial Instance at any time if you fail to access and actively use this MCI Trial Service through such Trial Instance for any period of seven (7) consecutive days and Microsoft may terminate your access to this MCI Trial Service through all Trial Instances at any time if you fail to access and actively use this MCI Trial Service through all such Trial Instances for any period of seven (7) consecutive days.
C. Accessing MCI Trial Service
i. Administrator. Notwithstanding anything to the contrary in the Agreement, as applicable to this MCI Trial Service and solely to the extent there is not already an administrator associated with your organization, the administrator is deemed to be the first user in your organization who creates a Trial Instance, subject to later change by anyone authorized to act on behalf of that organization who demonstrates administrative control over the domain associated with the email for that organization sufficient to manage the domain records.
ii. Users. The administrator may manage users and access to the Trial Instance.
D. Privacy. Notwithstanding anything to the contrary in the Agreement, you acknowledge (and will inform all users in your domain) that: (A) the administrator will control all Trial Instances within your domain and will manage and have access to all Customer Data within all such Trial Instances; (B) all users in your domain, when reviewing existing Trial Instances such user may want to join, will have access to certain Customer Data for each such Trial Instance (including the existence of such Trial Instance, the identity and certain personal information of all then-current users participating in such Trial Instance, and the name chosen for each Trial Instance); and (C) all users in your domain participating in a given Trial Instance will have access to all Customer Data input into that Trial Instance, without regard to which user input such Customer Data.
E. Data. Production Customer Data and “live” data are prohibited within the MCI Trial Service. Microsoft has no obligation to return any data added to the Trial Instance once the Trial Instance expires.
F. Compliance with Applicable Laws. You acknowledge and understand that Microsoft is a technology company that is not subject to the regulatory frameworks commonly applied to institutions within your given industry. You are solely responsibility for compliance with all applicable laws and regulations within the industry associated with your MCI Trial Service. Microsoft bears no responsibility for your failure to comply with any such applicable laws or regulations.
G. Defense of Claims & Damages. You agree that you and/or your organization will defend Microsoft against all third-party claims arising out of, or in connection with, (i) your use of the MCI Trial Service in a manner that is prohibited by these Trial Terms, and/or, (ii) any privacy violation alleged to have been committed or spam sent by you through your use of the MCI Trial Service. You agree that Microsoft has the right to seek and recover all damages caused by you through your use of the MCI Trial Service for unlawful purposes, in an unlawful manner, or in a manner that violates Microsoft’s acceptable use, and/or anti-spam policies. The terms of this section shall survive the expiration or termination of your relationship with Microsoft. For the avoidance of doubt, any damages arising from the obligations imposed on you by these Specific Terms are not subject any exclusion or cap on your liability that may be included in the Agreement.
2. Specific Terms for Microsoft Cloud for Healthcare
A. Cloud Trial Services related to Healthcare Services Industry. To the extent the MCI Trial Service that you access or use under these Trial Terms relates to healthcare services or the healthcare services industry, you acknowledge that the MCI Trial Service (i) is not designed, intended or made available as a medical device(s), (ii) is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgment, and (iii) should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. You are solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers and acknowledgements to users of your implementation of the MCI Trial Service.
B. Dynamics 365 Calling and Texting Terms. Your use of Dynamics 365 features for calling and text messaging to and from the public switched telephone network (to the extent these features are available in your country/region) is subject to the following supplemental terms: https://go.microsoft.com/fwlink/?linkid=2087259.
C. Additional Applicable Laws. You shall, as a condition of using the “Dynamics 365 for Marketing” online service, comply with all applicable laws and regulations governing your dissemination of any promotional materials through your use of the “Dynamics 365 for Marketing” online service.