Microsoft Real-Time Media Platform for Bots API ("Media Access API")
Terms of Use
Thank you for developing with Microsoft!
By accessing or using a Media Access API, including within a software application,
website, tool, or product you create or a service you offer (your "Application"), you are
agreeing to these terms and to comply with any accompanying documentation that
applies to your use of a Media Access API ("API Terms") provided by Microsoft
Corporation ("Microsoft", "we", "us", or "our"). You represent and warrant to us that
you have the authority to accept these API Terms on behalf of yourself, a company,
and/or other entity, as applicable. We may change, amend or terminate these API Terms
at any time. Your use of a Media Access API after any change or amendment means
you agree to the new API Terms. If you do not agree to the new API Terms or if we
terminate these API Terms, you must stop using the Media Access API.
1. Defined Terms
a) "Customer(s)" means the licensee of a Microsoft service or application ("Microsoft
Offering") and if the licensee is an organization, includes their administrators and end
users.
b) "Media Access API" means (i) any form of machine accessible application
programming interface that Microsoft makes publicly available which provides access to
a Microsoft Offering that includes media content (e.g., audio or video), including all
associated tools, elements, components and executables therein, (ii) any Microsoft
sample code that enables interactions with a Microsoft Offering, and (iii) documentation
that Microsoft makes available to help enable your access to the Media Access API.
2. Scope and Application Registration
a) These API Terms govern your use of Media Access APIs: (i) unless you have entered
another agreement with Microsoft that expressly supersedes these API Terms and
governs your use of Media Access APIs or (ii) the API documentation specifically
identifies other API terms.
b) Registration for your Application may be required pursuant to documentation. If
registration is required, you must register your Application with Microsoft. Your
registration, including all data access permissions required or requested by your
Application, must be accurate and kept up-to-date by you at all times. Once you have
successfully registered an Application, you may be be given access credentials for your
Application. "Access Credentials" means the necessary security keys, secrets, tokens, or
other credentials to access the Media Access APIs. The Access Credentials enable us to
associate your Application with your use of the Media Access APIs. All activities that
occur using your Access Credentials are your responsibility. Access Credentials are non-
transferable and non-assignable. Keep them secret. You agree that you will not try to
circumvent them.
3. Media Access API License and Guidelines
a) Media Access API License Subject to your compliance with all of the API Terms,
Microsoft grants you a limited, non-exclusive, non-assignable, non-transferable,
revocable license to use the Media Access APIs to develop, test, and support your
Application, and allow Customers to use your integration of the Media Access APIs
within your Application. You may use the Media Access APIs only as expressly permitted
in these API Terms. Violation of these API Terms may result in the suspension or
termination of your use of the Media Access APIs.
b) Media Access API Guidelines
You may NOT:
1. Use the Media Access APIs in a way that could impair, harm or damage Microsoft, the
Media Access APIs, any Microsoft Offering, or anyone's use of the Media Access APIs or
any Microsoft Offering;
2. Use the Media Access APIs to disrupt, interfere with, or attempt to gain unauthorized
access to services, servers, devices, or networks connected to or which can be accessed
via the Media Access APIs;
3. Use the Media Access APIs, or any information accessed or obtained using the Media
Access APIs, for the purpose of migrating Customers away from a Microsoft Offering;
4. Scrape, build databases or otherwise create copies of any data accessed or obtained
using the Media Access APIs, except as necessary to enable an intended usage scenario
for your Application;
5. Request from the Media Access APIs more than the minimum amount of data, or more
than the minimum permissions to the types of data, that your Application needs for
Customers to use the intended functionality of your Application;
6. Use the Media Access APIs to record or otherwise persist media content from calls or
meetings that your Application accesses;
7. Use an unreasonable amount of bandwidth, or adversely impact the stability of the
Media Access APIs or the behavior of other apps using the Media Access APIs;
8. Attempt to circumvent the limitations Microsoft sets on your use of the Media Access
APIs. Microsoft sets and enforces limits on your use of the Media Access APIs (e.g.,
limiting the number of API requests that you may make or the number of users you may
serve), in its sole discretion;
9. Use Media Access APIs in any manner that works around any technical limitations of the
Media Access APIs or of the accessed Microsoft Offering, or reverse engineer, decompile
or disassemble the Media Access APIs, except and only to the extent that applicable law
expressly permits, despite this limitation;
10. Use the Media Access APIs, or any data obtained using the Media Access APIs, to
conduct performance testing of a Microsoft Offering unless expressly permitted by
Microsoft;
11. Use the Media Access APIs, or any data obtained using the Media Access APIs, to
identify, exploit or publicly disclose any potential security vulnerabilities;
12. Request or make available any data obtained using the Media Access APIs outside any
permissions expressly granted by Customers in connection with using your Application;
13. Use any data accessed or obtained using the Media Access APIs for advertising or
marketing purposes;
14. Make your Application available for use in a manner that circumvents the need for users
to obtain a valid license to the Microsoft application or service that is accessed through
the Media Access APIs;
15. Redistribute or resell, or sublicense access to, the Media Access APIs, any data obtained
using the Media Access APIs, or any other Microsoft Offering accessed through the
Media Access APIs;
16. Misrepresent expressly, by omission, or implication, the need for users to obtain a valid
license to the Microsoft application or service that is accessed through the Media Access
APIs;
17. Falsify or alter any unique referral identifier in, or assigned to an Application, or
otherwise obscure or alter the source of queries coming from an Application to hide a
violation of this agreement; or
18. Use the Media Access APIs or allow any user to use the Application in a way that violates
applicable law, including:
a. Illegal activities, such as child pornography, gambling, piracy, violating copyright,
trademark or other intellectual property laws.
b. Intending to exploit minors in any way.
c. Accessing or authorizing anyone to access the Media Access APIs from an embargoed
country as prohibited by the U.S. government.
d. Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating
anyone for any reason.
e. Violating applicable privacy laws and regulations.
4. Security
You warrant that your Application has been developed to operate with Media Access
API content in a secure manner. Your network, operating system and the software of
your servers, databases, and computer systems (collectively, "Systems") must be
properly configured to securely operate your Application and store content collected
through your Application (including the Media Access API content). Your Application
must use reasonable security measures to protect the private data of your users.
We may use technology to detect, prevent or limit the impact of any issues caused by
your Application (before or instead of suspension of your access). This may include, for
example, filtering to stop spam or limiting your access to the Media Access APIs.
You must have a process to respond to any vulnerabilities in your Application, and in the
case of any vulnerabilities related to your Application's connection to the Media Access
APIs discovered by you or reported to you by a third party, you agree that you will
provide vulnerability details to the Microsoft Security Response Center
(secure@microsoft.com).
In the event of a data breach by you resulting from any aspect of the Media Access APIs
involving your Application or any data collected through your Application, you will
promptly contact the Microsoft Security Response Center (secure@microsoft.com) and
provide details of the data breach. You agree to refrain from making public statements
(e.g. press, blogs, social media, bulletin boards, etc.) without prior written and express
permission from Microsoft in each instance as it relates to the Media Access APIs.
5. Your Compliance with Applicable Data Protection Laws
You must comply with all laws and regulations applicable to your use of the data
accessed through the Media Access APIs, including without limitation laws related to
privacy, biometric data, data protection and confidentiality of communications. Your use
of the Media Access APIs is conditioned upon implementing and maintaining
appropriate protections and measures for your Application that processes data obtained
through the use of the Media Access APIs. For the data you obtained through the Media
Access APIs, you must:
a) obtain all necessary consents before processing data,
b) limit your use to current data, including refreshing data at least every 30 days and
implementing corrections or restrictions to data or the deletion of data as reflected in
the Media Access APIs,
c) implement proper retention and deletion policies, including deleting all data when
your user uninstalls your Application, closes its account with you, or abandons the
account, and,
d) maintain a written statement available to customers and users that describe your
privacy practices regarding data and information you collect and use, and that
statement must be as protective as the Microsoft Privacy Statement.
Nothing in these API Terms shall be construed as creating an employer-employee
relationship, a partnership, or a joint venture between the parties. Further, for data
protection purposes, nothing in these API Terms shall be construed as creating a joint
controller or processor- subprocessor relationship between you and Microsoft.
6. Changes to the Media Access APIs and API Terms
WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE
MEDIA ACCESS APIs AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE.
Such changes may include, without limitation, removing or limiting access to specific
API(s), requiring fees or setting and enforcing limits on your use of additions to the
Media Access APIs. We may also impose limits on certain features and services or
restrict your access to some or all of the Media Access APIs. We may release subsequent
versions of the Media Access APIs and require that you use those subsequent versions,
at your sole cost and expense.
Any version of the Media Access APIs designated as "preview", "pre-release" or "beta"
("Preview API"), may not work in the same way as a final version. We may change or
not release a final or commercial version of a Preview API in our sole discretion. You may
not use Preview APIs in production or generally available versions of your Application.
WE MAY MODIFY THESE API TERMS AT ANY TIME, WITH OR WITHOUT PRIOR
NOTICE TO YOU. YOUR CONTINUED USE OF THE MEDIA ACCESS APIs FOLLOWING
THE RELEASE OF A SUBSEQUENT VERSION OF THESE API TERMS WILL BE DEEMED
YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE API TERMS.
7. Feedback
If you give feedback about the Media Access APIs to Microsoft, you give to Microsoft,
without charge, the right to use, share and commercialize your feedback in any way and
for any purpose. You will not give feedback that is subject to a license that requires
Microsoft to license its software or documentation to third parties because Microsoft
includes your feedback in them. These rights survive these API Terms.
8. Confidentiality
You may be given access to certain non-public information, software, and specifications
relating to the Media Access APIs ("Confidential Information"), which is confidential
and proprietary to Microsoft. You may use Confidential Information only as necessary in
exercising your rights granted under these API Terms. You may not disclose any
Confidential Information to any third party without Microsoft's prior written consent.
You agree that you will protect any Confidential Information from unauthorized use,
access, or disclosure in the same manner that you would use to protect your own
confidential and proprietary information.
9. Disclaimer of Warranties, Limitation of Liability and Indemnity
a) Disclaimer of Warranties
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR
CONDITIONS WITH RESPECT TO YOUR USE OF THE MEDIA ACCESS APIs. YOU
UNDERSTAND THAT USE OF THE MEDIA ACCESS APIs IS AT YOUR OWN RISK AND
THAT WE PROVIDE THE MEDIA ACCESS APIs ON AN "AS IS" BASIS "WITH ALL
FAULTS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED UNDER YOUR LOCAL
LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE
CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE API TERMS ARE
INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. WE DO NOT
GUARANTEE THE MEDIA ACCESS APIs WILL FUNCTION WITHOUT INTERRUPTION
OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE MEDIA
ACCESS APIs MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR
SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES
CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT
DATA LOSS WILL NOT OCCUR.
b) Limitation of Liability
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF
THESE API TERMS), YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER,
FROM MICROSOFT OR ANY AFFILIATES, RESELLERS, DISTRIBUTORS, SUPPLIERS
(AND RESPECTIVE EMPLOYEES, SHAREHOLDERS, OR DIRECTORS) AND VENDORS,
ONLY DIRECT DAMAGES UP TO USD $5.00 COLLECTIVELY. YOU CAN'T RECOVER
ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT,
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE.
These limitations and exclusions apply even if this remedy doesn't fully compensate you
for any losses or fails of its essential purpose or if we knew or should have known about
the possibility of the damages. To the maximum extent permitted by law, these
limitations and exclusions apply to any claims related to these API Terms or your use of
the Media Access APIs.
c) Indemnification
You will defend, hold harmless, and indemnify Microsoft from any claim or action
brought by a third party, including all damages, liabilities, costs and expenses, and
reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or
in connection with your breach of the obligations herein or infringement of Microsoft's
or third party's intellectual property.
d) No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief,
or to enjoin or restrain the operation of the Media Access APIs, content or other
material used or displayed through the current Microsoft website or successor site.
10. Termination
a) We may suspend or immediately terminate these API Terms, any rights granted
herein, and/or your license to the Media Access APIs, in our sole discretion at any time,
for any reason. You may terminate these API Terms at any time by ceasing your access
to the Media Access APIs.
b) Upon termination, all licenses granted herein immediately expire and you must cease
use of the Media Access APIs. You must also comply with Customer's instruction to
return or delete any data accessed or obtained through the Media Access APIs and any
data derived from processing such data, unless expressly permitted by Microsoft or
prohibited by law. Neither party will be liable to the other for any damages resulting
solely from termination of these API Terms.
11. General Terms
a) Applicable Law
1. United States. If you reside in the United States, Washington state law governs the
interpretation of these API Terms and applies to claims for breach of it, regardless of
conflict of laws principles. The laws of the state where you live govern all other claims,
including claims under state consumer protection laws, unfair competition laws, and in
tort.
2. Outside the United States. If you reside in any other country, the laws of that country
apply.
b) Support. Because the Media Access APIs are provided "as is," we may not provide
support services for them. You are solely responsible for the quality of your Application
and providing support for your Application.
c) Assignment and Delegation. You may not assign or delegate any rights or
obligations under these API Terms, including in connection with a change of control.
Any purported assignment and delegation shall be ineffective. We may freely assign or
delegate all rights and obligations under these API Terms, fully or partially without
notice to you.
d) Reservation of Rights. All rights not expressly granted herein are reserved by
Microsoft. You acknowledge that all intellectual property rights within the Media Access
APIs remain the property of Microsoft and nothing within these API Terms will act to
transfer any of these intellectual property rights to you.
e) Microsoft and you are independent contractors. Nothing in this Agreement shall
be construed as creating an employer-employee relationship, processor-subprocessor
relationship, a partnership, or a joint venture between the parties.
f) No Waiver. Either party's failure to act with respect to a breach of these API Terms
does not waive either party's right to act with respect to that breach or subsequent
similar or other breaches.
g) Survival. Sections of these API Terms that, by their terms, require performance after
the termination or expiration of these API Terms will survive.
h) Modifications. We may modify these API Terms at any time with or without
individual notice to you. Any modifications will be effective upon your continued use of
the Media Access APIs.
i) Entire Agreement. These API Terms and any documents incorporated into these API
Terms by reference, constitute the entire agreement between you and us regarding the
Media Access APIs and supersede all prior agreements and understandings, whether
written or oral, or whether established by custom, practice, policy or precedent, with
respect to the subject matter of these API Terms. If any provision of these API Terms is
found to be illegal, void, or unenforceable, the unenforceable provision will be modified
so as to render it enforceable to the maximum extent possible.