SUPPLEMENTAL TERMS OF USE FOR MICROSOFT POWER PLATFORM AND

DYNAMICS 365 PREVIEW FOR ONLINE SERVICES


Updated: February 2023

Power Platform and Dynamics 365 may include preview, beta, or other pre-release features, services, software, or regions offered by Microsoft (“Previews”). Previews are licensed to you as part of your agreement governing use of Power Platform and Dynamics 365.

Pursuant to the terms of your subscription, PREVIEWS ARE PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND ARE EXCLUDED FROM THE SERVICE LEVEL AGREEMENTS AND LIMITED WARRANTY. Previews may not be covered by customer support. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into “General Availability”.

Previews may be subject to reduced or different security, compliance and privacy commitments, as further explained in the Microsoft Privacy Statement (https://go.microsoft.com/fwlink/?LinkId=521839), Microsoft Trust Center (https://go.microsoft.com/fwlink/?linkid=2179910), the Product Terms (https://go.microsoft.com/fwlink/?linkid=2173816), the Microsoft Products and Services Data Protection Addendum (“DPA”) (https://go.microsoft.com/fwlink/?linkid=2153219), and any additional notices provided with the Preview. The following terms in the DPA do not apply to Previews unless otherwise specified: Processing of Personal Data; GDPR, Data Security, and HIPAA Business Associate. You should not use Previews to process Personal Data or other data that is subject to heightened legal or regulatory requirements.

Certain Previews are subject to additional terms set forth below, if any. These Previews are made available to you pursuant to these additional terms, which supplement your agreement governing use of Power Platform and Dynamics 365.

Production Ready Previews

Previews designated as production ready do employ privacy and security measures typically present in generally available Online Services. You may use production ready Previews to process Personal Data or other data that is subject to legal or regulatory compliance requirements. The following terms in the DPA apply to production ready Previews: Processing of Personal Data; GDPR and Data Security. If production ready Previews are made available within a Core Online Service (as defined in the Product Terms), the HIPAA Business Associate terms in the DPA also apply (unless otherwise specified).

AZURE OPENAI-POWERED PREVIEWS

Previews of generative pre-trained transformer (GPT) based features within Dynamics 365 and Power Platform services are powered by the Azure OpenAI Service (these features, together with the Azure OpenAI Service powering them, are collectively referred to as the “AOAI Previews”). Certain AOAI Previews may also be powered by Bing Search as described in product documentation.

Your responsibilities. You bear the sole risk and responsibility for any use of AOAI Previews, including use by your end users. You are expected to configure, update or customize use of AOAI Previews as appropriate for your own needs. You are responsible for ensuring that your implementation complies with all laws and regulations applicable to your use and any guidelines for appropriate/responsible use in the product documentation. You are solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers, and acknowledgements to end users of your implementation of AOAI Previews. Microsoft is not responsible for the performance, accuracy or results from the use of AOAI Previews by you or your end users. The Output Content (defined below) generated from AOAI Previews does not represent the opinions or views of Microsoft.

Capacity limits. AOAI Previews may be subject to usage limits or capacity throttling as further described in the product documentation. Any such limits or throttling are subject to change in Microsoft’s sole discretion. Microsoft reserves the right to suspend or disable usage that exceeds such limits or throttling.

No production use. AOAI Previews are experimental and are not intended to be used in production or in a live operating environment unless explicitly designated as production ready previews in product documentation.

Product documentation. You acknowledge and agree that you have reviewed the product documentation for AOAI Previews and will use the AOAI Previews in accordance with such documentation, including https://go.microsoft.com/fwlink/?linkid=2226274. Microsoft may limit your access to or use of Output Content (defined below) or the AOAI Previews if Microsoft has a reasonable basis to believe that the Output Content or your use of the AOAI Previews is inconsistent with requirements in the product documentation for the AOAI Previews, as updated from time to time. “Output Content” means any data or content output by the AOAI Previews.

Acceptable uses. Microsoft may limit your access to or use of Output Content or the AOAI Previews if Microsoft has a reasonable basis to believe that the Output Content or your use of the AOAI Previews violates (i) the Acceptable Use Policy for Online Services or (ii) the Code of Conduct (https://go.microsoft.com/fwlink/?linkid=2226275).

Reverse engineering. You may not use the AOAI Previews to discover any underlying components of the models, algorithms, and systems, such as exfiltrating the weights of models.

Extracting data. You may not use web scraping, web harvesting, or web data extraction methods to extract data from the AOAI Previews or from Output Content.

Data access and use. As part of providing the AOAI Previews, Microsoft will process and store Customer Data submitted to the service, as well as Output Content, for purposes of (1) monitoring for and preventing abusive or harmful uses or outputs of the service; and (2) developing, testing, and improving capabilities designed to prevent abusive use of and/or harmful outputs from the service. Authorized Microsoft personnel may review data that has triggered our automated systems to investigate and verify potential abuse, and may engage in limited random sampling of terms that are not flagged by our automated systems to ensure the systems are working properly. Authorized Microsoft personnel may also access and use this data to improve our systems that monitor for and prevent abusive or harmful uses or outputs of the service.

Third party claims. You are responsible for responding to any third-party claims regarding your use of the AOAI Previews in compliance with applicable laws (including, but not limited to, copyright infringement or other claims relating to Output Content output during your use of the AOAI Previews). Without limiting the foregoing, it is your responsibility to implement mitigations to reduce any harms relevant to your implementation of AOAI Previews, this includes harms relating to Responsible AI, human safety, and intellectual property.

Data flows. By using AOAI Previews, you agree your data may be stored and processed outside of your tenant’s geographic region, compliance boundary, or national cloud instance.

Bing Search terms. For any AOAI Previews that are also powered by Bing Search as disclosed in the product documentation, your use of Bing Search is governed by the Microsoft Services Agreement (https://go.microsoft.com/fwlink/?linkid=2178408) and the Microsoft Privacy Statement (https://go.microsoft.com/fwlink/?LinkId=521839).