Non-commercial use only. You agree not to use our Services for any commercial or business purposes and we (and our Providers) have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
It's funny that a plan called "Pro" cannot be used professionally.
diff of the changes between US and UK:
https://www.diffchecker.com/BtqVrR9p/
There's the usual expected legal boilerplate differences. However, the UK version injects the additional clause at line 134 that has no analog in the US version.
In the UK the consumer terms say its subject to English law and the courts of the UK jurisdiction you live in.
The commercial terms say that in the UK, Switzerland and the EEA there will be binding arbitration by an arbitrator in Ireland appointed by the President of the Law Society of Ireland.
We are comparing like for like - an individual user using a Claude Pro subscription. A US user can use it for commercial use and be in compliance with the terms, the UK user cannot.
This is not such a disclaimer. If Copilot fails its purpose of entertaining you, you can sue. /i
When sh!t hits the fan, Anthropic will immediately point to this clause. Who knows, maybe a court would see it as valid.
Meanwhile, your customer (and thus, your management) is looking for someone to blame for excrement making contact with the impellers. And that someone's gonna be you.
When a construction guy messes up measurements and thousands of dollars of work has the be removed and redone, no one thinks of taking the employee to court. Why would you want to take your Ai to court?
(Not only that, employees who got a reprimand too heavy handed can sue back. Plenty of cases around.)
"AI" company provides a service. They might or might not be adequate, that's not the point, the point is that the ability to sue them must always be on the cards if the agreed upon terms aren't met.
I reimplemented my startup idea from scratch with Codex a few months ago, just for peace of mind.
The words they used, as commonly understood by the target audience, were intentionally crafted to be interpreted differently than what they were going to say they meant in court. They spent time, effort, and money, ran focus groups, and carefully selected and curated their words to be incorrectly interpreted by the target audience to reach knowingly false conclusions.
The correct standard should be that they spent time, effort, and money, ran focus groups, and carefully selected and curated their words to be correctly interpreted by the target audience to reach true conclusions. Their statements should only be accidentally incorrect in proportion to the time and effort spent crafting and distributing them.
"Technically, your honor", should be treated as the ethical abomination it is.
He signed, sent both copies, got his bank signed copy back
Went yo the bank, the bank sued him, he won (the judge told the bank that when you play dirty games you sometimes loose) and they ultimately settled.
I can never find an article that mentions the final outcome.
Although intentionally saying things that contradict whats in the contract might be legally objectionable.
It is not at all uncommon for such absurd contract terms to be unenforceable - especially in B2C contracts, although it might even be tricky for B2B clickthrough ones.
The idea being that most contracts are fairly standard, so a lot of people will just skim through them. Putting a landmine in them is obviously in bad faith, so making it enforceable would basically make it impossible to do any kind of business at all.
We cancelled at T-45 or so days before renewal, having determined it wasn't a fit for our client anymore, and they insisted "well, actually, you've renewed anyway!" which, no, we haven't. Absolutely absurd to try to "clickwrap" buried renewal terms in a 20+ page T&C/privacy document rather than as a material point of fact on the actual order form being executed.
Feels like the height of absurdity to try to bully your client into forcing them to use your services against their will when they still gave ample notice that they were cancelling and when there was no material loss to the business, but it's always felt like their revenue team has been unhinged in general: exploding offers, insane terms, super high-pressure sales... part of the reason we left them in the first place.
In practice, availing yourself of any of these protections is a massively uphill battle. Judges tend to presume that these common law matters are already embedded into the de facto legal system because the people writing the laws already operated under those assumptions while framing the law. Personally, I disagree and think a lot of these protections have eroded away into either nothing, or so little that it might as well be nothing, but you have a 0% chance of drawing me as a judge in your case so that won't help you much if you try.
We live in a world where advertising boneless chicken does not actually mean the chicken does not contain bones.
When it's huge, falls upon people that can't justify a lawyer, and keeps changing all the time, one shouldn't even need to claim it. It should be automatically invalid.
If you just wrote them in "plain language" there would be far too much ambiguity and arguing over what was really meant or implied or agreed to.
Seems pretty clear to me, do you really think people need a lawyer to understand that?
So either that document is fraudulent or everyone else at Microsoft is committing fraud daily.
Examples from the first search result: https://support.microsoft.com/en-us/topic/microsoft-365-copi...
Support page with ~25 tutorials provided by Microsoft about how to "Create a document with Copilot" or "Create a branded presentation from a file" or "Start a Loop workspace from a Teams meeting".
Do you actually believe that creating branded presentations (from Microsoft's own examples) is something people do for "entertainment purposes"?
Why would they include a product for entertainment purposes only in the product they sell to large companies for doing work?
Granted that this one document has a surprisingly clear language, but no, it's still not reasonable. Also, it was changed less than 6 months ago.
People in glass houses shouldn't throw stones.
“These Terms don’t apply to Microsoft 365 Copilot apps or services unless that specific app or service says that these Terms apply.”
Think of Copilot being a suite of different products under the same overall banner and it starts to make (a bit) more sense.
Are you saying that the business version cannot make mistakes and can be relied upon for important advice?
To be fair to them, MS are quite open about accuracy for the business offerings, see here as one example:
https://learn.microsoft.com/en-us/copilot/microsoft-365/micr...
[1] https://en.wikipedia.org/wiki/Microsoft_.NET_strategy
https://en.wikipedia.org/wiki/Buffalo_buffalo_Buffalo_buffal...
> IMPORTANT DISCLOSURES & WARNINGS
Tells us:
> You may stop using Copilot at any time.
That's an odd thing to include in a ToS.
just to be greeted with an email that welcomed me to copilot and the free plan. No button or link to disable the thing.
The line i initially quoted:
> You may stop using Copilot at any time.
Was incomplete. It continues with what initially appears to be a non sequitur:
> You may stop using Copilot at any time. If you want to close your Microsoft Account, please see the Microsoft Services Agreement.
It may not be a non sequitur, but may well be the only way to "opt out" of Copilot.
And belive me, if you use any Microsoft products or services they really make it hard to avoid accidentally using the damn thing.
Including adding it to your office plan and then charging you 2x.
> That's an odd thing to include in a ToS.
Maybe it's the only Microsoft product for which that's true? (It certainly feels that way, sometimes.)
we can’t promise that any Copilot’s Responses won’t infringe someone else’s rights (like their copyrights, trademarks, or rights of privacy) or defame them.
You agree to indemnify us and hold us harmless (including our 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 Copilot
- ‚Are you for entertainment purposes only?‘
-‚Not at all — unless you want me to be. The short version: I’m not “for entertainment only.”‘
Edit: Ok I see it is legal framing to not be held liable, but can they just do that via ToS and let the tool itself promote something else?
This is why I'm skeptical about all this AI coding thing...
Maybe a shirt, could sell it on the Microsoft store even. Now that would be entertainment.
> We don’t own Your Content, but we may use Your Content to operate Copilot and improve it. By using Copilot, you grant us permission to use Your Content, which means we can copy, distribute, transmit, publicly display, publicly perform, edit, translate, and reformat it, and we can give those same rights to others who work on our behalf.
lol
The section titled "WHEN & WHERE THESE TERMS APPLY" includes:
> Conversations you have with Copilot through other Microsoft apps and websites
- Conversations you have with Copilot through third-party apps and platforms
- Other Copilot-branded apps and services that link to these Terms
That first point (#4 in the original list) can cover all software, Copilot-branded or otherwise, which, even internally, uses Copilot (perhaps without your knowing so).
Github Copilot (to take your specific example) is both "other Microsoft apps and websites" and "Copilot-branded". So, yeah, those ToS undoubtedly apply to Github Copilot.
They do seem to word this at a more professional level in this context (the terms linked are for individuals using Copilot in Windows, probably?)
https://www.allsides.com/news/2022-02-08-0800/media-industry...
https://www.snopes.com/fact-check/fox-news-entertainment-swi...
"Funny how? I mean, funny like I’m a clown? I amuse you? I make you laugh? I’m here to fuckin’ amuse you? What do you mean funny, funny how?"
Now what?! Do I have to uninstall Windows?
"We don’t own Your Content... By using Copilot, you grant us permission to use Your Content, which means we can copy, distribute, transmit, publicly display, publicly perform, edit, translate, and reformat it, and we can give those same rights to others who work on our behalf."