Windows Store Terms of Use

Last Updated: 2013-08-14

Thank you for choosing Microsoft and the Windows Store.
The Windows Store is a feature of the Windows operating system and is an Internet-based service. It’s subject to the Software License Terms for your Windows operating system, as well as this additional agreement that’s specific to your use of the Windows Store. Please read this agreement carefully. By using the Windows Store, you accept its terms and consent to the transmission of certain information as described in these Terms of Use.

Please note that this agreement allows us to remove applications from your Windows enabled device in certain circumstances. See the "Can Microsoft remove apps or data from my device?" section below for more details.

How can I access the Windows Store?
If you’re at least 18 (or the minimum age where you can enter into a binding contract) in your country, then you may use the Windows Store in your Microsoft account country. That is the country associated with the Microsoft account that you use to sign in to the Windows Store. You may not be able to use the Windows Store outside that country. You may also allow a minor to access the Windows Store using your Microsoft account, but only if you’re the parent or legal guardian of that minor. Your use of the Microsoft account to access the Windows Store is subject to all of the terms governing the Microsoft account, including terms that cause your Microsoft account to become inactive if you don’t use it for at least one year. For more information, please see the Microsoft Service Agreement (MSA) (http://go.microsoft.com/fwlink/?LinkId=232422). Because use of the Windows Store requires an Internet connection, you may have to pay charges related to Internet access when you use the Windows Store, when you acquire apps, or when apps are used on your Windows device.

How can I control access to my Windows Store account?
Only you (or your minor child, if you permit him or her) may use the Windows Store account associated with your Microsoft account. Not all content on the Windows Store is suitable for users of all ages. You can use Windows Parental Controls or Windows Family Safety settings to filter content in the Windows Store, based on content ratings provided by developers or third party ratings bodies. For more information, see this topic about keeping your kids safer online (http://go.microsoft.com/fwlink/?LinkId=232423). The Windows Store isn’t intended for use by children under 13, except together with a parent or legal guardian.

What apps can I get from the Windows Store?
The Windows Store includes apps and other features that may vary depending on the region and device from which you're accessing the Windows Store. If you change your account settings to a different region, you may not be able to re-download or roam apps or content that was available to you in your previous region. You may also be required to repurchase or pay for a license to apps or content, even if you’ve already paid for them in the previous region. Your use of the Windows Store is at your own risk. We have content standards for application submission, but we aren’t responsible or liable for apps or content that you may find to be offensive, explicit, or otherwise objectionable. We provide content ratings for each app available in the Windows Store for your convenience, but we can’t guarantee their accuracy or that you'll agree with the rating.

Can I get updates to apps from the Windows Store?
Yes. You'll get updates to apps if the app developer and Microsoft agree to issue an update, even if you don’t get automatic updates to Windows through Windows Update. The Windows Store will check for and download app updates automatically, even if you’re signed out of the Windows Store. If you're accessing the Windows Store using Windows 8.1 or Windows RT 8.1, you may choose to allow the Windows Store to download and install app updates automatically. If you're accessing the Windows Store on a Windows 8 or Windows RT device, or you choose not to receive automatic installation of app updates, you can choose whether or not you want to install an update when you sign in to the Windows Store. When you or Windows installs an app on a new device or updates an app, you’ll receive the latest version of that app. That version may be different from the version you originally installed, and it may use additional capabilities besides those that were listed in the product description page. To make sure you’re aware of what the most current version of the app can do, you should review the app listing page or information available in Settings for any app before installing an update or additional copy, or periodically if you've turned on automatic installation of app updates. If you start any update manually, including by accessing a new device or by updating your Windows operating system, installation will be your agreement to those terms.

Can I get anything besides apps from the Windows Store?
Not directly. But, developers may choose to make available additional content or services for sale within an app that you got through the Windows Store. That content and those services may not be transferable across devices, and it may be subject to more limited use rights.

Can I control app notifications?
Apps that you get from the Windows Store can use the Windows Notification Service to provide text or images as notices or tile updates. This information is stored on your device. There are several ways to control notifications and tile updates, including by turning off notifications for some or all apps in PC settings. You can also block tile updates by unpinning the app’s tile from Start. You can see more information about the Notifications and Tile Updates (http://go.microsoft.com/fwlink/?LinkId=190175).

Can I comment on apps in the Windows Store?
As a courtesy to developers and customers, Microsoft offers you the capability to comment on your experience with apps. You may not include or submit any content that is untrue, misleading, defamatory, infringing, or harassing, that constitutes hate speech, that is or includes sexual content, that insinuates profanity, or that is otherwise objectionable. You may not post links to websites or materials that could harm other users or their computers, including links to any viruses, corrupted data, or other harmful, disruptive, or destructive files. You may not post comments on the Windows Store for any commercial purpose, including by advertising or promoting anything, without the express, prior, written consent of Microsoft. You grant Microsoft the right to use, modify, adapt, reproduce, distribute, and display any content you post.

How does Microsoft collect or use data from my use of the Windows Store?
To provide the Windows Store service, we may collect certain information about service performance, your service use, and your use of your Windows system. This information may be sent automatically when you use the Windows Store. Our use of that information is described in the Windows Privacy Statement(http://go.microsoft.com/fwlink/?LinkId=190175). The Windows system means the device running Windows, any software running on that device, and any devices or software communicating with that device.

What are my rights for apps I get from the Windows Store?
All apps made available through the Windows Store are licensed, not sold, to you. In most cases, that license includes the right to install and use your app on up to 81 personal Windows enabled devices simultaneously. If you attempt to install an app on more than 81 personal devices, it may be deactivated automatically from one of these devices, so that no more than 81 instances are activated on personal devices at any one time. In limited circumstances, such as when a developer designates the app as eligible for use on only a certain type of device, apps may not install on other types of devices. We provide the name of the application provider licensing each app, which may be Microsoft or a third party app provider. All apps are licensed to you under the Standard Application License Terms at the end of these Terms of Use, unless the provider of an app provides you with access to separate terms or agreements in the app listing page, in which case those terms will apply. Those terms may also include a privacy policy. When a third party is the application provider, Microsoft is an agent of the third party that provides the app to you, but we aren’t a party to the license between you and the app provider, and our privacy statement doesn’t apply to treatment of information you may exchange with the app provider when using the app. In such cases, Microsoft isn’t responsible for the app or its content, your use of the app, any warranties or claims relating to the app, or customer support for the app. But, your relationship with Microsoft and your use of the Windows Store will still be governed by Software License Terms for your Windows operating system and these Terms of Use.

How does Microsoft charge for apps?
The price shown for licenses to apps available in the Windows Store excludes all taxes, unless stated otherwise, so you must pay any taxes that you’re obligated to pay or that we may collect from you. Every time you buy a license to an app, make an in-app purchase processed by the Windows Store, or pay us for some other service related to the Windows Store, you authorize us to charge you for that purchase using your selected payment method, including via a third party, such as a payment processor. We may charge at the time of purchase or within seven days of purchase. Your payment method is the credit card, payment account, or other payment method you associate with your billing account. You must be authorized to use the payment method, and you must keep all information in your billing account current. You can access or modify your billing account information at any time through the Windows Store, or the Microsoft billing and account management website (http://go.microsoft.com/fwlink/?LinkId=241657). Currency exchange settlements are based on your agreement with your payment method provider.

What if I am charged in error?
We’ll provide you with an email confirming your purchase and a single billing statement that will be available at the Microsoft billing and account management website (http://go.microsoft.com/fwlink/?LinkId=241657). It is your responsibility to print or save a copy of each online statement and to retain copies for your records. You may request a paper copy within 120 days of the date of the statement, but we may charge you a retrieval fee to send the copy. If we make an error on your bill, and we identify the error, we may correct it at any time, and you will pay the corrected amount. If you identify the error within 120 days after the statement date, we’ll investigate it promptly after you tell us and we’ll correct the charge if we agree that it was in error. If you don’t tell us about an error within 120 days, we will not be required to correct the error.

What happens if I don’t want an app I already acquired?
Because the Windows Store services begin immediately when you acquire an app, you don't have the right to cancel your purchase once you get the app. This means there is no withdrawal right or “cooling off” period for your use of the Windows Store, and all charges for apps are non-refundable, except as described in this section. Unless the law in your territory requires a “cooling off” period despite this agreement, you waive any right to a “cooling off” period. You may be entitled to a refund if you attempt to purchase an app from the Windows Store or make an in-app purchase processed by the Windows Store, but the app or purchased content fails to install on your device, or if you purchase an app that we later agree was erroneously described in the Windows Store product description page at the time of purchase. You must contact Microsoft customer support (http://go.microsoft.com/fwlink/?LinkId=232425) to determine if you’re eligible for a refund. If you’re eligible for, and request, a refund, we’ll credit the account associated with your payment method.

Can Microsoft remove apps or data from my device?
We may change or discontinue certain apps or content offered in the Windows Store at any time, for any reason. Sometimes, we do so to respond to legal or contractual requirements. In cases where your security is at risk, or where we’re required to do so for legal reasons, you may not be able to run apps or access content that you previously acquired or purchased a license for. In cases where we remove a paid app from your Windows device not at your direction, we may refund to you the amount you paid for the license. Some apps may also stop working if you update or change your Windows device, or if you attempt to use those apps on a Windows device with different features or processor type. You're responsible for backing up the data that you store in apps that you acquire via the Windows Store, including content you upload using those apps. If the Windows Store, an app, or any content is changed or discontinued, your data could be deleted or you may not be able to retrieve data you have stored. We have no obligation to return data to you. If sign in information or other data is stored with an expiration date, we may also delete the data as of that date.

Can Microsoft change the Windows Store or my access to it?
We may change the Windows Store at any time, for any reason or no reason, and we may also cancel or suspend your ability to access the Windows Store if you’re in breach of this agreement. If we cancel your Windows Store service account or your credentials, your right to use the Windows Store stops immediately, but you’re still required to pay all charges already incurred through that account.

Can Microsoft change these Terms of Use?
Yes. We’ll indicate the date on which these terms were last updated at the top of the most current version of the terms. You're encouraged to revisit the terms of use before each acquisition from the Windows Store. Every time you attempt to install an app, you’re confirming your agreement to the then-current terms. You should check the version date on the terms from time to time to make sure you’ve reviewed the latest version of the terms. We might also require you from time to time to click a button or other indicator to accept an updated contract that includes changes (although we aren’t required to do so for any changes to these terms to be binding). If you don’t agree to those changes, you have no rights to continue to access the Windows Store.

Are there things I can’t do in the Windows Store?
The restrictions that apply to your use of Internet-based services in Windows also apply to your use of the Windows Store. Without limitation, this means you may not use the Windows Store to engage in or further unlawful conduct, to harm Microsoft or any third party, to violate the intellectual property or other rights of Microsoft or any third party, to gain unauthorized access to any Microsoft or third party information (including via automated processes), to damage or impair the Windows Store or networks connected to the Windows Store, or to impair anyone’s enjoyment of the Windows Store, or to harvest information about others without their consent. When using the Windows Store service, you must also obey all applicable laws and the Microsoft Anti-spam Policy (http://go.microsoft.com/fwlink/?LinkId=117951).

What warranties and remedies are available? The Windows Store (but not apps or content you acquire from the Windows Store or through any in-app transaction) is a feature of Windows and the warranties, remedies, limitations, and exclusions for Windows also apply to the Windows Store. Because computer and telecommunications systems aren’t fault-free and occasional periods of downtime occur, you agree that the Windows Store experience may not be uninterrupted, timely, secure, or error-free, and that data loss may occur, and Microsoft will not have any responsibility or liability for any of these.

How can I communicate with Microsoft about the Windows Store?
You can contact Microsoft customer support (http://go.microsoft.com/fwlink/?LinkId=232425). We may send you information about the Windows Store in electronic form, including by email at the address you specified when you signed up for the Windows Store service. You agree that you may not use the Windows Store if you don’t consent to receive electronic notices about the provision of the Windows Store service or legally required notices. Email notices are deemed given and received when sent.

What if I think a copyright, trademark, or other right is infringed?
Notifications of claimed infringement should be sent to the designated Microsoft Notice and Takedown agent.For details and contact information, see Notice and Procedure for Making Claims of Infringement (http://go.microsoft.com/fwlink/?LinkId=242128).

Safety Warning: Some of the apps available in the Windows Store are games. To avoid possible injury or eye strain, you should take periodic breaks, especially if you feel any pain or fatigue resulting from play. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in video games. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop playing and consult a doctor if you experience any of these symptoms, or consult a doctor before playing gaming apps if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s video game play for signs of symptoms.

STANDARD APPLICATION LICENSE TERMS

WINDOWS STORE

These license terms are an agreement between you and the application provider. Please read them. They apply to the software application you download from the Windows Store, including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.

BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

The application provider means the entity licensing the application to you, as identified in the Windows Store.

If you comply with these license terms, you have the rights below.

  1. INSTALLATION AND USE RIGHTS; EXPIRATION. You may install and use one copy of the application on up to eighty-one (81) personal Windows 8, Windows RT, or successor devices that are affiliated with the Microsoft account associated with your Windows Store account. These rights will terminate and the application will be removed from any devices onto which you have installed the Application no later than the public release of the product code named Windows 8.1.

  2. INTERNET-BASED SERVICES.

    1. Consent for Internet-based or wireless services. The application connects to computer systems over the Internet, which may include via a wireless network. Using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services.

    2. 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. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. Application provider reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. You may not:

    • Work around any technical limitations in the application.

    • Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.

    • Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.

    • Publish or otherwise make the application available for others to copy.

    • Rent, lease, or lend the application.

  4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.

  5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use. For information on Microsoft branded products, go to the Microsoft exporting website (http://go.microsoft.com/fwlink/?LinkId=242130).

  6. SUPPORT SERVICES. Microsoft and your hardware manufacturer aren’t responsible for providing support services for the application. If Microsoft is the application provider, it may provide support services, but isn’t obligated to do so under this agreement. Contact the application provider to determine what support services are available.

  7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, and the terms for supplements and updates are the entire agreement between you and application provider for the application. If Microsoft is the application provider, this agreement doesn’t change the terms of your relationship with Microsoft with regard to Windows, including the Windows Store.

  8. APPLICABLE LAW.

    1. United States. If you acquired the application in the United States, Washington state law governs the interpretation of this agreement 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 acquired the application in any other country, the laws of that country apply.

  9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.

  10. DISCLAIMER OF WARRANTY. The application is licensed “as-is”, “with all faults” and “as available”. You bear all risk of using it. The application provider, on behalf of itself, Microsoft (if Microsoft isn’t the application provider), and each of our respective affiliates, vendors, agents and suppliers, gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, the application provider and Microsoft exclude any implied warranties of conditions, including those of merchantability, fitness for a particular purpose and non-infringement.

  11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, you can recover from the application provider only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the application provider.

This limitation applies to:

  • Anything related to the application or services made available through the application; and

  • Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

  • Repair, replacement, or a refund for the application doesn’t fully compensate you for any losses; or

  • The application provider knew or should have known about the possibility of the damages.