MICROSOFT TERMS OF USE FOR

MICROSOFT KAIZALA WEB

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 10. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These terms ("Terms") cover the use of the Microsoft Kaizala Web online service (the "Service"). These Terms are an agreement between you and Microsoft Corporation. You accept these Terms through your use of the Service or by continuing to use the Service after being notified of a change to these Terms.

1. USE OF THE SERVICE.

a. Your Use.  You may use the Service in accordance with these Terms.  You need to be a licensed user of the Kaizala software in order to use the Service.

2. INTERNET-BASED SERVICES

a. Consent for Internet-based or wireless services. If the Service connects to computer systems over the Internet, which may include via a wireless network, using the Service operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the Service, those terms also apply.

b. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else's use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.

3. PRIVACY. Your privacy is important to us. Please read the Microsoft Privacy Statement (the "Microsoft Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal basis we have to process your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others; postings submitted by you to Microsoft via the Service; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Service ("Your Content"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Microsoft's collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.

4. DATA COLLECTION. The Service transmits information about you and your use of the Service to Microsoft. Microsoft may use this information to provide services and improve Microsoft's products and services. Microsoft deletes any personal identifiers (such as IP address) from this data when it is collected and deletes data we collect after one year. Microsoft uses a variety of security technologies and procedures to help protect data from unauthorized access, use or disclosure. Your opt-out rights, if any, are described in the Microsoft Privacy Statement. Some features in the Service may enable collection of data from users of your applications that access or use the Service. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft's data collection and use in the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable provisions of the Microsoft Privacy Statement. Children are not intended users of the Service and Microsoft's collection of data from children will adhere to the Microsoft Privacy Statement.

5. YOUR SERVICES AND APPLICATIONS IN USER GROUPS. The Service enables you to create user groups. You may provide your services and applications (e.g., your custom action or bot) within your groups provided (a) you inform each user upon joining your group that you own the group and are solely responsible for your services and applications, (b) your services and applications comply with applicable law and are governed by your terms of use, (c) your services and applications do not subject the service in any way to obligations beyond those explicitly included in these Terms, and (d) you indemnify and defend Microsoft against, and hold Microsoft harmless from, any claims related to your services and applications. Microsoft assumes no responsibility or liability whatsoever for your services and applications.

6. CODE OF CONDUCT.

By agreeing to these Terms, you're agreeing that, when using the Service, you will follow these rules:

a. Don't do anything illegal.

b. Don't engage in any activity that exploits, harms, or threatens to harm children.

c. Don't send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

d. Don't publicly display or use the Service to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).

e. Don't engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Service to increase play count, or affect rankings, ratings, or comments).

f. Don't circumvent any restrictions on access to or availability of the Service.

g. Don't engage in activity that is harmful to you, the Service, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).

h. Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material).

i. Don't engage in activity that violates the privacy of others.

j. Don't help others break these rules.

k. Enforcement. If you violate these Terms, we may stop providing the Service to you or we may close your Kaizala account. We may also block delivery of a communication (like action cards, file sharing or message) to or from the Service in an effort to enforce these Terms. When investigating alleged violations of these Terms, Microsoft reserves the right to review your use in order to resolve the issue. However, we cannot monitor the entire Service and make no attempt to do so.

l. Creating an Account. You can create a Kaizala account by signing up via the Kaizala mobile application. You agree not to use any false, inaccurate or misleading information when signing up for your Kaizala account. You cannot transfer your Kaizala account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Kaizala account.

m. Additional Equipment/Data Plans. To use the Service, you'll need an Internet connection and/or data/cellular plan. You are responsible for providing all connections and plans needed to use the Service and for paying the fees charged by the provider(s) of your connections and plans. Those fees are in addition to any fees you pay us for the Service and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

n. Support. Microsoft is not obligated to provide any support services for the Service. Any support provided is "as is", "with all faults", and without warranty of any kind.

o. Ending the Service. If the Service is canceled (whether by you or us), first your right to access the Service stops immediately. Second, we'll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Kaizala account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Service (or Your Content that you've stored on the Service).

7. USING THIRD-PARTY APPS AND SERVICES. The Service may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren't Microsoft) ("Third-Party Apps and Services"). The Service also helps you find, make requests to, or interact with Third-Party Apps and Services or allows you to share Your Content or Data, and you understand that you are directing the Service to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring, using, requesting, or linking your Kaizala Account to any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Microsoft does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.

8. SERVICE AVAILABILITY.

a. The Service, Third-Party Apps and Services, or material or products offered through the Service may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Kaizala account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.

b. We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and Microsoft is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you've stored. We recommend that you regularly backup Your Content and Data that you store on the Service or store using Third-Party Apps and Services.

9. UPDATES TO THE SERVICE AND CHANGES TO THESE TERMS.

a. We may change these Terms at any time, and we'll tell you when we do. Using the Service after the changes become effective means you agree to the new terms. If you don't agree to the new terms, you must stop using the Service.

b. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material or applications previously purchased.

10. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can't, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at http://aka.ms/arb-agreement-1. You and Microsoft agree to these terms.

11. ENTIRE AGREEMENT. These Terms, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the Service.

12. APPLICABLE LAW.

a. United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.

b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.

13. Warranties. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICE. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICE. 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 TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

14. Limitation of Liability.   Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to $10.00. You can't recover any other damages or losses, including 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 anything or any claims related to these Terms or the Service.

15. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the Service, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit https://go.microsoft.com/fwlink/?linkid=868968 and https://www.microsoft.com/exporting.

16. Copyright and trademark notices. The Service is copyright © 2019 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.