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ryukofc Nov 5, 2025
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# MICROSOFT PREVIEW TERMS OF SERVICE FOR PROJECT CODENAMED “AGENT 365”
AUGUST 2025

YOUR USE OF THE SERVICES IS CONFIDENTIAL. PLEASE DO NOT DISCLOSE YOUR EXPERIENCES USING THE SERVICES
EXCEPT IN ACCORDANCE WITH THIS AGREEMENT.

## 1. WHAT THE AGREEMENT COVERS
This is an agreement between you (“you” or “your”) and Microsoft Corporation, (“Microsoft, “we,” “us” or “our”). The
terms and conditions of this agreement (“agreement”) apply to your access and use of the preview of “Agent 365”
features, services, and software offered by Microsoft (collectively, the “Services”). The Services are optional preview
evaluation services offered by Microsoft to select customers and partners to obtain feedback prior to general release. By
accessing or using the Services, you accept the terms and conditions of this agreement. If you do not accept them, do
not access or use the Services. If you are a subscriber of Microsoft services such as Microsoft 365, Power Platform,
Copilot Studio or Dynamics 365, your customer agreement applies to your use of them generally while this agreement
applies to your use of the Services specifically. For the avoidance of doubt, the Customer Copyright Commitment from
your customer agreement does not apply to your use of the Services.

## 2. DATA
You bear sole responsibility for any and all data provided to Microsoft through your access to or use of the Services
(“Customer Data”), and any software programs or services you use in connection with your access to or use of the
Services, including without limitation taking the steps necessary to back up such Customer Data, software programs or
services.

## 3. THE SERVICES
### 3.1. Pre-Release Services and Updates.
The Services provided under this agreement are in a pre-release stage and are only available for a limited time. The
Services may not work correctly or the way a commercial version of the Services may function. The Services may
experience interruptions and extended downtime during which you may not be able to access Customer Data or other
functionality. Updates may be provided throughout the term and such updates may result in deleting the Customer Data
or changing of Services functionality. In general, due to the pre-release nature of the Services, some or all of the
Customer Data may be lost. Your Customer Data may not be migrated from the Services to any future pre-release or
commercial versions that may be released. You are solely responsible for determining the appropriateness of using pre
release services and assume all risks associated with using the Services, including but not limited to risks and costs of
program errors, compliance with applicable laws, damage to or loss of, programs or equipment, and unavailability or
interruption of operations.

### 3.2. Future Releases.
Microsoft may change the Services at any time, including without limitation for a future pre-release or commercial
version, and we may not release a future pre-release or commercial version.

### 3.3. Pre-release Limitations
Because of their pre-release status, the Services employ lesser or different privacy and security measures than those
typically present in a Microsoft enterprise online service. You should not use the Services to process personal data relating to an identified or identifiable natural person or other data that is subject to heightened compliance requirements. The Services or certain features of the Services may operate in the United States or may operate in other available countries, and you agree that your Customer Data may be transferred, stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries or service providers maintain facilities.

### 3.4. Access and Use Rights.
You may access and use the Services only through the means we designate for the Services and only in accordance with
the terms of this agreement and the policies and procedures we designate for use of the Services. Subject to your
acceptance and compliance with this agreement, you may use the Services for the sole purposes of testing the Services
internally and providing feedback to Microsoft.

### 3.5. Restrictions.
In using the Services, you may not access or use the Services:
- in a production or “live” operating environment;
- to design or build a competitive service or to otherwise copy the design, functionality or user interfaces within the
Services;
- to work around any technical limitations in the Services that only allow you to use it in certain ways;
- to share, publish, rent, lease, lend, sell or transfer the Services to any third party; or for commercial hosting
services;
- in a way prohibited by law, regulation, governmental order or decree;
- to violate the rights of others;
- to try to gain unauthorized access to or disrupt any service, device, data, account or network;
- to spam or distribute malware;
- in a way that could harm the Services or impair anyone else’s use of it; or
- in any application or situation where failure of the Service could lead to the death or serious bodily injury of any
person, or to severe physical or environmental damage.

If you are using the Services in a shared or sandbox environment with other users who do not belong to your
organization, you may not interfere with the use of the environment by other users and you may not access, delete, or
modify any data, software, information or other materials placed in the environment by other users.

## 4. MICROSOFT GENERATIVE AI SERVICE PREVIEWS
Previews of an Online Service or feature thereof that provides Output Content using generative artificial intelligence
technologies, including Previews identified as “Copilot”, are “Microsoft AI Service Previews” or “GAI Previews”. Certain GAI Previews may also be powered by Bing as described in product documentation.

“Output Content” means any data, text, sound, video, image, code, or other content generated by a model in response to
Input. “Input” means all Customer Data that Customer provides, designates, selects, or inputs for use by a generative
artificial intelligence technology to customize a model or generate output.

- **Responsible Use.** You must use GAI Previews in accordance with the Acceptable Use Policy for Online Services in
the Product Terms https://www.microsoft.com/licensing/terms/product/ForOnlineServices/all (“AUP”) and the
Microsoft Enterprise AI Services Code of Conduct (https://learn.microsoft.com/en-us/legal/ai-code-of-conduct) (“Code
of Conduct”). Without limiting its other remedies, Microsoft may limit your access to or use of Output Content or a
GAI Preview if Microsoft has a reasonable basis to believe that the Output Content or your use of a GAI Preview or
Output Content violates the AUP or Code of Conduct.
- **Capacity limits.** GAI 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.** GAI Previews are experimental and are not intended to be used in production or in a live
operating environment.
- **Product documentation requirements.** Microsoft provides product documentation regarding appropriate use of
the GAI Previews, which is made available online by Microsoft and updated from time to time. You acknowledge and
agree that you have reviewed the product documentation for GAI Previews and will use the GAI Previews in
accordance with such documentation, including all relevant requirements in the Code of Conduct.
- **Reverse engineering.** You may not use the GAI 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 other data extraction methods to extract data
from the GAI Previews.
- **Limit on Your use of Output Content.** You will not use, and will not allow third parties to use, the GAI Previews or
Output Content from the GAI Previews to create, train, or improve (directly or indirectly) a similar or competing
product or service.
- **Intellectual Property Rights.** Microsoft does not own your Output Content.
- **Bing.** For any GAI Previews that are also powered by Bing, as disclosed in the product documentation, your use of
Bing 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). You may only use Bing results within
a GAI Preview for commercial use if you are allowed to use the materials by applicable copyright law. Your use of
Grounding with Bing Search and Grounding with Bing Custom Search are governed by the Terms of Use
(https://aka.ms/GroundingBingTOU) and Microsoft Privacy Statement
(https://go.microsoft.com/fwlink/?LinkId=521839) The Data Protection Addendum does not apply to your use of
Bing, Grounding with Bing Search, and Grounding with Bing Custom Search within GAI Previews.

## 5. PROPRIETARY RIGHTS; CONFIDENTIALITY
### 5.1. Reservation of Rights; No Other License.
Except for your limited use and access rights to the Services as set forth in this agreement, Microsoft reserves all other
rights not expressly granted in this agreement. No additional rights (including implied licenses, rights or covenants) are
granted by implication, estoppel or otherwise.

### 5.2. No Claims of Ownership by Microsoft.
Microsoft claims no ownership of or control over the Customer Data you provide to us in connection with your use of the
Services. It is solely your responsibility to protect any rights you may have in the Customer Data and such information.

### 5.3. Your Use of the Customer Data.
You represent, and agree to ensure, that you have the necessary rights to any Customer Data, software programs or
services that you use in connection with the Services, and that such activities do not infringe the intellectual property or other proprietary rights of any third party. You agree to obtain all necessary rights, and comply with all licenses or other terms, from the rightful owner of such Customer Data, software programs or services that you do not own. You agree to access or use the Services (a) without purporting to subject Microsoft to any other obligations to you or any third party, and (b) solely in a manner that complies with all applicable laws and regulations.

### 5.4. Confidentiality.
The Services, including their user interface, features and documentation, are confidential and proprietary to Microsoft and its suppliers. This and all other information shared under this agreement is confidential information. If you have signed a nondisclosure agreement (“NDA”) between you and Microsoft, the NDA is incorporated by reference and applies to your use of the Services. In the event there is no existing NDA, or if such existing NDA is terminated or otherwise ceases to be in effect, then the remainder of this section applies. For five years after access and use of the Services, you may not disclose confidential information to third parties. You may disclose confidential information only to your employees and consultants who need to know the information. You must have written agreements with them that protect the confidential
information at least as much as this agreement. You may disclose confidential information in response to a judicial or
governmental order. You must first give written notice to Microsoft to allow it to seek a protective order or otherwise
protect the information. Confidential information does not include information that: (i) becomes publicly known through
no wrongful act; (ii) you received from a third party who did not breach confidentiality obligations to Microsoft or its
suppliers; or (iii) you developed independently. Your duty to protect confidential information survives this agreement.

## 6. NO SUPPORT
We have no obligation to provide any support services for the Services. The Services may be inaccessible due to
scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime
and other interruptions. During such periods, you may be unable to access or use all of, or a portion of, the Services.
Some or all of the Customer Data may be lost. In the event of an outage or interruption that Microsoft determines may
cause risk to the Services, Microsoft may determine in its sole discretion to suspend the Services.

FOR THESE REASONS, THE SERVICES ARE EXCLUDED FROM ANY COMMITMENTS MICROSOFT MAKES IN ITS SERVICE
LEVEL AGREEMENTS GENERALLY, INCLUDING WITHOUT LIMITATION ANY COMMITMENTS MICROSOFT MAKES IN
SERVICE LEVEL AGREEMENTS APPLICABLE TO MICROSOFT 365, MICROSOFT POWER PLATFORM, COPILOT STUDIO OR
DYNAMICS 365.

## 7. SOFTWARE
If you receive software from us as part of the Services, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we grant you a limited
right to use the software only as part of the Services and only for the authorized use of the Services. We reserve all other rights to such software. You may not disassemble, decompile, or reverse engineer any such software included in the
Services, except and only to the extent that the law expressly permits this activity. The software is subject to United
States export laws and regulations. You must comply with all domestic and international export laws and regulations that
apply to the software. These laws include restrictions on destinations, end users and end use. For additional information,
see http://www.microsoft.com/exporting.

Unless we notify you otherwise, your license to use the software provided by us as part of the Services will end when
your right to use the Services ends, and you must promptly uninstall the software. We may disable the software at this
time.

## 8. FEEDBACK
If you give feedback about the Services 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 also give to third parties, without charge, any
intellectual property rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. 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 this agreement.

## 9. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICES AND SUPPORT SERVICES (IF ANY) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." YOU
BEAR ALL RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS UNDER OR
IN RELATION TO THE SERVICES OR SUPPORT SERVICES (IF ANY). TO THE EXTENT PERMITTED UNDER LOCAL LAWS,
MICROSOFT EXCLUDES ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPUTER AND
TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR.
MICROSOFT DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR
THAT DATA LOSS WON'T OCCUR.

## 10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MICROSOFT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR THAT RELATE IN
ANY WAY TO THIS AGREEMENT OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL
THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER MICROSOFT HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR WHETHER
APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. MICROSOFT’S TOTAL
LIABILITY FOR ALL CLAIMS RELATED TO THIS AGREEMENT WILL NOT EXCEED FIVE US DOLLARS (US$5.00). THIS CAP
APPLIES WHETHER THE CLAIM IS IN CONTRACT, TORT, OR OTHERWISE.

## 11. TERM; TERMINATION
### 11.1. Term.
This agreement is effective on the date you first agree to it. This agreement will terminate on the earlier of (i) the date of first availability of a public preview or commercial release of the Services (if ever) or (ii) the date on which Microsoft provides notice of termination to you. Microsoft may suspend or cancel your use of and access to all or any part of the Services, or terminate this agreement, at any time for any reason and in its sole discretion.

### 11.2. Effect of Termination.
On cancellation, suspension or any termination of this Agreement, you must stop using the Services. Sections 5
(Proprietary Rights; Confidentiality), 6 (No Support), 8 (Feedback), 9 (Disclaimer of Warranties), 10 (Limitation of
Liability), 11 (Term; Termination), and 12 (Miscellaneous) will survive such termination. Upon any termination of this
agreement, all other rights granted to you by this agreement will also automatically terminate.

## 12. MISCELLANEOUS
### 12.1. Applicable Law and jurisdiction.
The laws of the State of Washington govern this agreement. If federal jurisdiction exists, the parties consent to exclusive jurisdiction and venue in the federal courts in King County, Washington. If not, the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington.

### 12.2. Severability.
If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
MIT License

Copyright (c) 2025 Microsoft

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
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