Azure Marketplace terms

These terms govern the use of the Microsoft Azure Marketplace that enables you to access or purchase products and services optimized for use with Azure (“Marketplace”). These products and services include the Virtual Machine Gallery, and any other Microsoft Azure feature . The Marketplace may include products or services (“Marketplace Offerings” or “Offerings”) published by Microsoft, and third-party publishers (each such publishing party, a “Publisher”).

Purchasing and billing

  1. Direct customers. If you have purchased a Microsoft Azure subscription from Microsoft, the following terms are applicable to your purchase of Marketplace Offerings through that subscription:

    1. Payment. You agree to pay all applicable fees related to your use of Marketplace Offerings. These fees are separate and in addition to fees applicable to your use of any Microsoft Azure Services.
    2. Prices. Prices stated for Marketplace Offerings exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Prices may be stated in terms of recurring fees for subscription-type Offerings, or in terms of a unit of measurement (such as hours run or transactions performed) for usage-type Offerings.
    3. Payment Instrument. When you have provided a payment method to Microsoft for your Microsoft Azure subscription, you authorize Microsoft to charge that payment method for your purchase of Marketplace Offerings. A credit card is an example of the payment method.
    4. Billing. The billing and payment terms of your Microsoft Azure subscription agreement govern your Marketplace purchases. These terms are applicable to consumption or pay-as-you-go purchases . If you incur charges that are not processed during the billing period of your purchase or use, we may bill you for such charges in a subsequent billing period. You are provided with a list of charges through your Microsoft Azure account portal, where you can view and print your charges. This is the only billing statement that we provide. Any usage or spend amounts displayed other than in a final billing statement are only estimates. Estimates do not include recent activities, or may be comprised of projections based on previous usage patterns.
    5. Price Increase. If a price increase is made to a Marketplace Offering for which you have an active subscription, we provide you with 30 days’ prior notice to the increase. Upon expiration of the 30-day notice period, your continued use of the Marketplace Offering constitutes your authorization to be charged at the new price.
    6. Billing Corrections. If you discover that we made an error on your bill, you must tell us within 120 days after the error first appears on your bill. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error. We have no obligation to correct the error or provide a refund. If we have identified a billing error, we correct that error within 90 days.
  2. Indirect customers. If you purchase a Microsoft Azure subscription from a reseller, the purchasing and billing terms in your agreement with your reseller govern your purchase of Marketplace Offerings through that subscription.

  3. General. The following terms are applicable irrespective of the entity from which you purchased your Microsoft Azure subscription.

    1. Monetary Commitment. Unless indicated otherwise for a particular Marketplace Offering, Microsoft subscription credits (such as free trial, MSDN, or BizSpark) or monetary commitment funds cannot be used to purchase Marketplace Offerings. Such purchases are billed separately.
    2. Reservations. “Reservations” means an advanced purchase of eligible Marketplace Offerings for a specified term and region, such as Reserved Software Instances. Reservations are purchased for specified terms of up to three years. Reservations expire at the end of the specified term. You are not refunded payment for unused Reservations. Unless indicated otherwise for a particular Marketplace Offering, exchange and cancellation are not available. Reservation pricing is based on available pricing at the time of purchase. Reserved Instances for software do not include the cost of compute.
    3. Automatic Renewal. If you purchased a Marketplace subscription with an automatic renewal option, we, or your reseller if applicable, may automatically renew your subscription and charge you for any renewal term. To avoid such charges, you can cancel your subscription before the renewal date.
    4. Free Trials. If you take part in a free trial subscription for a Marketplace Offering, you must cancel your subscription before the end of the trial period to avoid incurring charges. If you do not cancel your subscription by the end of free trial period, you will be charged for the Marketplace Offering at the purchase prices. If you create multiple subscriptions to a free trial Offering, the trial period applicable to all such subscriptions commence on the date that you create your first subscription. All such subscriptions will be converted to paid Offerings at the end of trial period.
    5. Cancelation. If you do not provide an on-time, full payment, we may suspend or cancel your access to Marketplace Offerings. Suspension or cancellation of access for non-payment could result in loss of your data.

Use rights

  1. Publisher Terms of Use. Your right to use any Marketplace Offering is according to separate terms of use provided by the Publisher of the Marketplace Offering (“Terms of Use”). Except for Marketplace Offerings that we publish, we are not a party bound by any Publisher Terms of Use.

  2. BYOL Offerings. Publishers may make certain Marketplace Offerings available on the condition that you have obtained, outside of the Marketplace, the rights necessary to use such Offerings (“Bring-Your-Own-License (BYOL) Offerings”). If you use any BYOL Offerings, you are responsible for ensuring that you have sufficient rights to use the Offering.

  3. Microsoft Software Products. If a third-party Publisher publishes a virtual machine Offering in the Marketplace, that includes any Microsoft software product listed at https://azure.microsoft.com/pricing/details/virtual-machines/ (“Microsoft Software Product”):

    1. Microsoft, and not the third party, is the licensor of the Microsoft Software Product;
    2. In addition to any fees associated with the third-party Offering, your use of the Microsoft Software Product is subject to applicable fees with your Azure subscription. Your reseller can set these fees; and
    3. Microsoft’s terms, and not the third party’s Terms of Use, govern your use of any Microsoft Software Product included in the Offering. These terms also include your right, if any, to use the Microsoft Software Product outside of Microsoft Azure.
  4. Application Programming Interfaces. We may make available application programming interfaces (“Marketplace APIs”) for use with the Marketplace. If you use Marketplace APIs to purchase or access Marketplace Offerings, you are responsible for reviewing and complying with the applicable Terms of Use in the Marketplace user interface. These terms may change from time to time. Your use of any Marketplace APIs to purchase Marketplace Offerings also constitutes your authorization to pay all applicable fees in accordance with the payment terms. The payment terms are found in the Marketplace user interface at the time of purchase.

Privacy and data protection

  1. Information Disclosed to Publishers. If you purchase or use a Marketplace Offering, we may share with the Publisher of such Offering your contact information and details about the transaction. We do not share your Customer Data with any Publisher, unless we have your permission for doing so.

  2. Publisher Privacy Policies. Publishers are responsible for providing privacy statements that describe their privacy practices for Customer Data collected by their Offerings or any customer information that they receive from Microsoft. Unless indicated otherwise, a Marketplace Offering published by Microsoft, Microsoft’s privacy, security, data location, and retention policies do not apply to any Marketplace offering. The same holds true for the Publishers’ use of any Customer Data or other customer information.

  3. Processing of Personal Data. Microsoft is a processor or subprocessor of personal data relating to the provision of Offerings. Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://go.microsoft.com/?linkid=9840733.

Miscellaneous

  1. Financial data. Certain Marketplace Offerings may contain financial data. Microsoft is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions. Microsoft does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Marketplace is an offer or solicitation to buy or sell any security. Microsoft and its licensors of stock quotes or index data, do not endorse or recommend any particular financial products or services. Nothing in the Marketplace, including any data sets or financial applications, are intended as professional advice, including but not limited to, investment or tax advice.

  2. Throttling. To protect our system, we may limit the number of requests that you can make to the Marketplace. Microsoft also enforces reasonable limits on your use of the Marketplace. Additionally, publishers may place restrictions on the number of requests that you can make to their services (“Specific Throttling”). Specific Throttling limits may be displayed on the publisher’s content detail page for which they apply. The Specific Throttling limits may change at any time, with or without notice.

Next step

Visit the commercial marketplace publishing guide.