These supplemental Terms of Use ("Terms") apply to the conversational experience on Bing as well as any other AI powered generative experiences on Bing (the “Conversational Experiences”) and the Bing Image Creator ("Image Creator", and together with the Conversational Experiences, the “Online Services”). These Online Services are intended to delight, inspire, and enhance human creativity. By using any of the Online Services, you agree to the terms below.
Eligibility and Use Requirements. To use the Online Services, you must have a current Microsoft account, and you must be a signed-in Microsoft Rewards user. After initial roll-out of the Conversational Experiences, which will be limited to users who sign-up to the experience waitlist, and are selected to use the Conversational Experiences, we may not require you to be signed in with your Microsoft account or be signed-in to Microsoft Rewards. Your use of the Online Services is governed by these terms (this "Agreement"), as well as the Microsoft Services Agreement, which is incorporated by reference. You agree that the Online Services constitute a Service, as defined in the Microsoft Services Agreement. If there is any conflict between this Agreement and the Microsoft Services Agreement, the conflicting provision in this Agreement will control.
Your use of the Online Services is also subject to the Microsoft Privacy Statement, which describes our collection, use and disclosure of information relating to your use of the Online Services.
Conversational Experiences Waitlist. The Conversational Experiences and other related features will initially not be available to all Bing users. They will be available only to users who request to be added to a waitlist and then after signing up for such waitlist, Microsoft will have the right in its sole discretion to add users to the Online Services, however Microsoft so determines.
Using the Online Services. Bing Image Creator and Conversational Experiences both allow you to submit text inputs (“Prompts”). In the case of Bing Image Creator, it may allow you to generate images ("Image Creations") based on your Prompts. In the case of the Conversational Experiences, it may allow you to submit Prompts and converse with an online computer-powered chatbot and in certain circumstances generate text content (“Text Creations,” and together with Image Creations, the “Creations”). Your use of the Online Services must comply with the Online Services Code of Conduct ("Code of Conduct"). By using the Online Services you are affirming that you have read the Terms of Use and Code of Conduct, understand it, and agree to abide by it.
You must use the Online Services and the generated Creations only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with this Agreement, the Code of Conduct, Microsoft Services Agreement, or other Microsoft documentation directed to the Online Services; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or entity (for clarity, "manner" includes without limitation the method, purpose and/or means of causing or attempting to cause the Online Services to generate content).
Due to the nature of the Online Services, Creations may not be unique across users and the Online Services may generate the same or similar output for Microsoft or other users. Other users may also ask similar questions and receive the same, similar or different responses.
These Online Services, including machine to human conversational interactions, may include advertising.
Violations. Serious or repeated violations of the Code of Conduct may result in your suspension from whichever Online Services were involved in the violations or, potentially, all of the Online Services and other Services (as defined in the Microsoft Services Agreement). You may appeal against your suspension from the applicable Service by submitting an appeal through the relevant Service user interface. We reserve the right to permanently suspend your use of the Online Services.
Suspension and Cancellation. In addition to paragraph 4, we reserve the right to suspend or discontinue offering or supporting all or part of any of the Online Services at any time and for any reason, to some or to all customers. Subject to the requirements of law, we may limit, suspend, or terminate your use of any of the Online Services at any time without notice and for any reason, including (without limitation) if you breach this Agreement (including by failing to comply with the Code of Conduct), if we suspect you are engaged in fraudulent or illegal activity, or if your Microsoft account is suspended or closed by us or by you.
Redeeming Bing Rewards – Bing Image Creator. You may redeem Microsoft Rewards for Bing Image Creator boosts to expedite the generation of Image Creations.
Use of Creations. Subject to your compliance with this Agreement, the Microsoft Services Agreement, and our Content Policy, you may use Creations outside of the Online Services for any legal personal, non-commercial purpose.
Ownership of Content. Microsoft does not claim ownership of Captions, Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, the Online Services (including feedback and suggestions). However, by using the Online Services, posting, uploading, inputting, providing or submitting content you are granting Microsoft, its affiliated companies and third party partners permission to use the Captions, Prompts, Creations, and related content in connection with the operation of its businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Captions, Prompts, Creations, and other content you provide; and the right to sublicense such rights to any supplier of the Online Services.
No compensation will be paid with respect to the use of your content, as provided herein. Microsoft is under no obligation to post or use any content you may provide, and Microsoft may remove any content at any time in its sole discretion.
You warrant and represent that you own or otherwise control all of the rights to your content as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content.
No Guarantees; No Representations or Warranties; Indemnification by You. We plan to continue to develop and improve the Online Services, but we make no guarantees or promises about how the Online Services operate or that they will function as intended. The Online Services are for entertainment purposes; the Online Services are not error-free, may not work as expected and may generate incorrect information. You should not rely on the Online Services and you should not use the Online Services for advice of any kind. Your use of the Online Services is at your own risk.
Without limiting Section 12 of the Microsoft Services Agreement in any way, but for the sake of clarity, Microsoft does not make any warranty or representation of any kind that any material created by the Online Services does not infringe the rights of any third party in any subsequent use of the content you may use (including but not limited to copyright, trademark, rights of privacy and publicity, and defamation). You must use any content from the Online Services in accordance with applicable law and subject to any third-party rights. In addition, you agree to indemnify and hold harmless Microsoft, its affiliates, employees and any other agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Online Services, including your subsequent use of any content from the Online Services and your breach of these Terms, the Microsoft Services Agreement, the Code of Conduct or violation of applicable law.
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 15 OF THE MICROSOFT SERVICES AGREEMENT. IT AFFECTS HOW DISPUTES RELATING TO THIS AGREEMENT ARE RESOLVED.
While the use of Bing Image Creator and Bing’s conversational experiences (collectively, the “Online Services”), is governed by the Code of Conduct section of the Microsoft Services Agreement, this document provides another level of explanation about how the Code of Conduct applies within these Online Services.
By using the Online Services you agree:
The Online Services may block text prompts that violate the Code of Conduct, or that are likely to lead to creation material that violates the Code of Conduct. Generated images or text that violate the Code of Conduct may be removed. Abuse of the Online Services, such as repeated attempts to produce prohibited content or other violations of the Code of Conduct, may result in service or account suspension. Users can report problematic content via Feedback or the Report a Concern function.
