Updated: October 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).
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 Generative 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 (“AUP”) and the Azure OpenAI Code of Conduct (https://go.microsoft.com/fwlink/?linkid=2235020) (“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 unless explicitly designated as production ready previews in product documentation.
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 web data extraction methods to extract data from the GAI Previews or from Output Content.
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.
Data Use and Access.
The GAI Previews do not use Input or Output Content to train, retrain or improve Azure OpenAI Service foundation models that generate Output Content. Unless service specific terms or product documentation for a given GAI Preview expressly state otherwise, as part of providing the GAI Previews, Microsoft will process and store Customer Data submitted to the service, as well as Output Content, for purposes of monitoring for and preventing abusive or harmful uses or outputs of the service. Authorized Microsoft employees may review data that has triggered our automated systems to investigate and verify potential abuse unless service specific terms or product documentation for a given GAI Preview explicitly states that such review is not performed.
Data flows. By using GAI Previews, you agree your data may be stored and processed outside of your tenant’s geographic region, compliance boundary, or national cloud instance.
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 an GAI Preview for commercial use if you are allowed to use the materials by applicable copyright law. The Data Protection Addendum does not apply to your use of Bing within GAI Previews.
ISV CLOUD EMBED – POWER AUTOMATE EMBED PAY-AS-YOU-GO (PAYGO) PUBLIC PREVIEW
“ISV Application” means an application or any set of applications that adds primary and significant functionality to the Embedded Capabilities and that is not primarily a substitute for any portion of Microsoft Power Automate services.
“Embedded Capabilities” means the Power Automate APIs, connectors, and flows specifically designated by Microsoft as eligible for use with an ISV Application.
“End User” means an individual or entity that uses Embedded Capabilities directly or indirectly provided by ISV for its own use and without the right to resell or redistribute it.
“ISV” means Customer when it builds, develops, and licenses/sells use rights to software or cloud services for End Users that includes the Embedded Capabilities.
ISV Terms (for ISVs embedding certain Power Automate capabilities in an ISV Application)
Hosting Exception for Embedded Capabilities. ISV may create and maintain an ISV Application and, despite anything to the contrary in ISV’s volume licensing agreement, combine Embedded Capabilities with ISV software application(s), service(s), or set(s) of applications and services owned or licensed by ISV or a third party, to create an ISV Application. ISV may permit End Users to access and use the Embedded Capabilities in connection with the use of that ISV Application. ISV is responsible for that use and for ensuring that these terms and the terms and conditions of ISV’s volume licensing agreement with Microsoft are met. In the absence of a different volume licensing agreement, the Microsoft Online Subscription Agreement (https://go.microsoft.com/fwlink/?linkid=2131104) applies.
Usage and Meters. ISV is responsible for paying for use of Embedded Capabilities through its ISV Application by ISV and its End Users, including establishing and managing any use limitations. When an ISV uses Embedded Capabilities in an ISV Application, the ISV must limit use to Power Automate features and capabilities specifically designated by Microsoft as eligible for Embedded Capabilities. Use limit and resource management capabilities for Embedded Capabilities may change periodically in Microsoft’s sole discretion.
Limitations. ISV may not advertise, give a separate price for, resell or redistribute the Embedded Capabilities, or any part thereof, separate from the ISV Application or allow multiple users to directly or indirectly access any Microsoft Power Automate feature that is made available on a per user basis.
Configuration of Embedded Capabilities. ISV must not modify any Embedded Capabilities in a manner that prevents it from operating in accordance with its documentation, causes degradation of it, or prevents Microsoft from servicing, updating, or supporting it.
Compatibility of the ISV Application. ISV must maintain and ensure ongoing compatibility with the current version of the Embedded Capabilities in order to maintain functionality of the ISV Application.
Access without a User SL. End Users must be part of an organization with a Microsoft Azure Active Directory (AAD) tenant to view content/services and data from the Embedded Capabilities in the ISV Application. A paid User SL is not required for End Users to access and use Power Automate functionality provided by an ISV through Embedded Capabilities.
Support. ISV is responsible for support of the ISV Application and support of its End Users.
Termination. Microsoft may terminate an ISV’s participation in this public preview at any time without notice.
End Users Terms (for users of an ISV Application with Embedded Capabilities)
End User Consent to ISV Billing Policy. Subject to use limitations and other conditions from the ISV, if an End User consents to link an ISV billing policy to its Microsoft tenant, the End User’s use of the Embedded Capabilities through or in conjunction with an ISV Application may be included with the ISV Application without additional charge from Microsoft to the End User.
Separate Agreements. These terms, together with the Microsoft Online Subscription Agreement (https://go.microsoft.com/fwlink/?linkid=2131104), govern End User’s use of Power Automate functionality made available via Embedded Capabilities, while use of an ISV Application is governed by End User’s separate agreements with the ISV, which do not create or modify any commitments between Microsoft and End User or Microsoft and ISV.
Data Sharing with ISV. By consenting to link an ISV billing policy to its Microsoft tenant, End User agrees that Microsoft may share with the ISV Embedded Capabilities usage data aggregated across the End User’s linked Microsoft tenant for the purpose of calculating usage, billing the ISV, helping the ISV manage usage limits or entitlements for the ISV Application, and providing support.
No Use if ISV Billing Policy Entitlements Exceeded or Disabled. The number of flows and other entitlements to Embedded Capabilities available to End User with an ISV Application is subject to the arrangement between End User and ISV and is subject to change. Microsoft reserves the right to limit or disable usage that exceeds such entitlements. If an ISV billing policy is disabled from an End User’s Microsoft tenant, whether by the End User, the ISV, or Microsoft, the End User may no longer be able to use the Embedded Capabilities. End User will continue to retain access to any Customer Data stored in their Microsoft tenant from use of the Embedded Capabilities before disabled subject to the End User’s agreement(s) with Microsoft.
End User Support. Any warranty, SLA, or support related to the ISV Application is from the ISV.
Termination. Microsoft may terminate an ISV’s participation in this public preview at any time without notice.