Don’t Trust The Bot: Microsoft’s New AI Clause

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When you overlay the Microsoft Services Agreement from September 2023 with the one that will come into effect in September 2024, you’ll note that artificial intelligence (AI) is referred to in both.

But the forthcoming agreement between Microsoft and the people who use its products has an expanded AI section, added in part to make it clear Microsoft bears no responsibility for people who take the advice of AI and end up in a spot of bother. 

While the soon-to-expire agreement started its AI section with restrictions around reverse engineering and extracting data, the new one starts with what’s known as Assistive AI.

“AI services are not designed, intended, or to be used as substitutes for professional advice,” the agreement reads. 

In other words, we have Copilot, we’re working with ChatGPT, and we’d like you to use this incredible new tool, but we have no idea if it’s going to save your life or kill you.

A section of both agreements deals with health bots.

Screen Shot 2024 08 20 at 11.36.24 am Dont Trust The Bot: Microsofts New AI Clause
Microsoft Services Agreement 2024.

“Health bots, which may include action plans, insights, reminders and other features, are not medical devices and are only intended for fitness and wellness purposes with a program issued by a care provider. They are not designed or intended as substitutes for professional medical advice or for use in the diagnosis, cure, mitigation, prevention, or treatment of disease or other conditions. 

“You assume full responsibility for your use of health bots. Microsoft is not responsible for any decision you make based on information you receive from health bots. You should always consult a doctor with any questions you may have regarding a medical condition, diet, fitness, or wellness program before using health bots. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services. As with any technology, health bots may not work as intended for a variety of reasons including loss of power connectivity.”

The new agreement also adds a paragraph about AI and ownership of content.

“Microsoft doesn’t claim ownership of any content you provide, post, input, or submit to, or receive from, the AI services (including feedback and suggestions).

“You’ll need to make your own determination regarding the intellectual property rights you have in output content and its usability, taking into account, among other things, your usage scenario(s) and the laws of the relevant jurisdiction.”

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