Terms and conditions for specific Microsoft Foundry Models

This document outlines the additional terms and conditions for using various AI models, including Grok, Llama, Black Forest Labs, and Mistral models, within Microsoft Foundry Models. It details intellectual property rights, usage restrictions, indemnification, and attribution requirements for customers.

Foundry Models sold by Azure are licensed to you as part of your agreement governing use of Foundry, in addition to the supplemental terms here, as they apply to specific models. Capitalized terms not defined herein shall have the meaning set forth in your agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE MODELS.

Grok models

Grok models are trained and developed by xAI. Use of Grok models in Microsoft Foundry Models is subject to – and xAI is an intended third-party beneficiary with the right to enforce – the additional terms in the xAI Acceptable use policy.

Certain Llama models

Llama models are trained and developed by Meta Platforms Inc. Use of Llama 3 and Llama 4 models as Foundry Models sold by Azure in Microsoft Foundry Models is subject to – and Meta Platforms Inc. is an intended third-party beneficiary with the right to enforce – the following additional terms: 

• Commercial Terms. If the monthly active users of the products or services made available by or for Customer, or its affiliates, is greater than 700 million monthly active users in the preceding calendar month, Customer is not authorized to use or access the Llama models unless or until Meta expressly grants Customer such rights.

• Restrictions. If Customer is an individual domiciled in, or a company with a principal place of business in, the European Union, Customer is not permitted to, and agrees not to, use Microsoft Foundry Models to access any multimodal Llama models that may be made available via Foundry Models sold by Azure. This restriction does not apply to end users of Customer’s integrated product that incorporate any such multimodal models.

• Indemnification. Customer will indemnify and hold harmless Meta from and against any claim by any third party arising out of or related to Customer’s use or distribution of the Llama models.

• High Risk Use. Customer agrees not to use, or to allow others to use, the Llama models to engage in, promote, incite, facilitate, or assist in the planning or development of activities that present a risk of death or bodily harm to individuals, including use of the Llama models related to military, warfare, nuclear industries or applications, espionage, or use for materials or activities that are subject to the International Traffic Arms Regulations (ITAR) maintained by the United States Department of State or to the U.S. Biological Weapons Anti-Terrorism Act of 1989 or to the Chemical Weapons Convention Implementation Act of 1997. 

• Attribution. If customer utilizes any Llama models (or any derivative works thereof, including via model distillation) within a product or service, Customer shall prominently display “Built with Llama” on a related website, user interface, blog post, “About” page or product documentation. Customer must also include an attribution notice in an “About”, “Licenses”, “Notice”, or similar web page or text-based file which includes: “Llama [Version #] is licensed under the Llama [Version #] Community License, Copyright © Meta Platforms, Inc. All Rights Reserved” (and Customer will include the applicable version number for the relevant Llama AI model within the “[Version #]” placeholder in such notice). For clarity, if Customer’s end users use or receive the Llama models (or any derivative works thereof) from Customer as part of use of Customer’s integrated product, then this requirement does not apply to any such end users. 

Black Forest Labs models

Black Forest Labs models are trained and developed by Black Forest Labs Inc. Use of Black Forest Labs models in Microsoft Foundry Models is subject to – and Black Forest Labs Inc. is an intended third-party beneficiary with the right to enforce – the following additional terms:

• Customer Application; End Users. If Customer integrates any of the Black Forest Labs models or any Derivatives into a service, website, and/or application (“Customer Application”), then Customer must bind the end users of the Customer Application (“End Users”) to an enforceable end user agreement, acceptable use policy, and privacy policy that contains terms no less protected of Black Forest Labs than those set forth in this agreement and in the Black Forest Labs’ Usage Policy. If Customer becomes aware, or if Black Forest Labs reasonably suspects, that an End User is not in compliance with any such agreement, then Customer must immediately terminate such End User’s access to and use of the Black Forest Labs models or Derivatives, and take any other steps as reasonably requested by Black Forest Labs. Customer will provide access to Black Forest Labs models to End Users only in accordance with these terms and Customer is solely responsible for all activities that occur on the Customer Application, under End User accounts, or by End Users. Customer represents and warrants to Black Forest Labs that the Customer Application will, at all times, comply with applicable laws. If Customer breaches any of these terms, all licenses granted with respect to use of Black Forest Labs models will terminate automatically. For purposes of these additional terms for Black Forest Labs models, “Derivatives” means anything that would be considered a derivative of a Black Forest Labs model under law and, whether or not considered a derivative under law, any modified version of a Black Forest Labs model (including but not limited to any fine-tuned version thereof). 

• BFL Outputs. The Black Forest Labs models and Derivatives may generate the same or similar BFL Output for other users, and use of the Black Forest Labs models and Derivatives may result in incorrect, obscene, or unreal BFL Output. As between Customer and Black Forest Labs, Customer is responsible for the BFL Outputs generated via the Customer Application. Customer evaluate BFL Outputs and assess the suitability for use of Black Forest Labs models. When using Black Forest Labs models or Derivatives in the Customer Application, Customer (i) shall not represent that BFL Output was human-generated; (ii) acknowledge that BFL Outputs may not be unique across users and Black Forest Labs models may generate the same or similar BFL Output for multiple users; (iii) acknowledge that BFL Outputs may contain “hallucinations” and may be inaccurate, objectionable, inappropriate, or otherwise unsuited to Customer’s purpose. Customer may not use, or direct third parties to use, the Black Forest Labs models or Derivatives to generate BFL Output for the purpose of creating synthetic training data to develop or train AI models or systems that have substantially similar functionality to the Black Forest Labs models. As between Customer and Black Forest Labs, Black Forest Labs claims no ownership rights in and to Customer’s BFL Output.

• Restrictions. Customer agrees that Customer will not, and will not allow or facilitate any third party (including any End User) to: 

  • Use the Black Forest Labs models, Input (as defined in the Product Terms), or BFL Output in a manner that violates any applicable laws or these terms; 

  • Modify decompile, create Derivatives based upon, or otherwise alter the Black Forest Labs models, except to the extent enabled in the service or expressly authorized by Black Forest Labs; 

  • Use the Black Forest Labs models, Derivatives, or BFL Output to develop any product, service, or technology that competes with Black Forest Labs or any of its products or services, including using any BFL Output to train, distill or fine tune any other AI models; 

  • Attempt to gain unauthorized access to, interface with, damage, or disrupt the Black Forest Labs models, Derivatives, or the computer systems or networks connected to the Black Forest Labs models;

  • Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Black Forest Labs models or Derivatives; 

  • Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Black Forest Labs models to monitor, extract, copy or collect information or data from or through the Black Forest Labs models, or engage in any manual process to do the same; 

  • Upload images of individuals to the Black Forest Labs models or Derivatives without their consent or use the Black Forest Labs models or Derivatives in a harassing, threatening, abusive, inflammatory, harmful, hateful, cruel, insensitive, deceptive, or otherwise objectionable manner; 

  • Violate any applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”) in connection with use of the Black Forest Labs models or Derivatives; or

  • Directly or indirectly distribute, export, or otherwise transfer the Black Forest Labs models or Derivatives (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications. 

• Content Filters and Labelling. As part of Customer’s use of Black Forest Labs models or Derivatives, Customer must (i) implement and maintain content filtering measures to prevent the creation, display, transmission, generation, or dissemination of unlawful or infringing content, or (ii) ensure BFL Output undergoes review for unlawful or infringing content before public or non-public distribution, display, transmission or dissemination. Customer must follow applicable law for use of the Black Forest Labs Models to create, display, transmit, generate, or disseminate content. Customer must comply with applicable law on content provenance measures in Customer’s use of the Black Forest Labs models. Customer must also implement reasonable abuse monitoring measures for Customer’s End User’s use of the Customer Application and the Black Forest Labs models or Derivatives. 

• Release. Customer hereby releases and forever discharges Black Forest Labs and its predecessors, successors, and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representatives (the “BFL Releasees”), from and against any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including attorneys’ fees and costs), whether in law or equity known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “BFL Released Claims”), arising directly or indirectly, out of or related to BFL Output, content filtering, and content moderation, or the failure to implement adequate content filtering or content moderation.

• CUSTOMER ACKNOWLEDGES THAT IT HAS BEEN ADVISED OF AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BEING AWARE OF SAID CODE SECTION, CUSTOMER HEREBY EXPRESSLY WAIVES ANY RIGHTS CUSTOMER MAY HAVE THEREUNDER WITH RESPECT TO BLACK FOREST LABS, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. 

• Black Forest Labs Technology; Ownership. Black Forest Labs will own all right, title, and interest in and to (i) any of the artificial intelligence and machine learning models – including the models’ various elements, such as model weights, algorithms, software, checkpoints, parameters, source code (inference code, evaluation code, fine-tuning code) – offered as a Black Forest Labs model via Foundry Models sold by Azure, (ii) any software code offered as a Black Forest Labs model via Foundry Models sold by Azure, and (iii) any Black Forest Labs names, logos, trademarks, and service marks of the models offered as a Black Forest Labs model via Foundry Models sold by Azure (collectively, “Black Forest Labs Technology”). Customer acknowledges that no intellectual property rights are assigned or transferred to Customer under these terms, other than the limited right to access and use the a Black Forest Labs models via Foundry Models sold by Azure. In the event that, by operation of law or otherwise, Customer obtains any intellectual property rights, interest, or ownership in any Black Forest Labs Technology, Customer agrees, to the fullest extent possible under applicable law, to assign such rights to Black Forest Labs. 

• Indemnification. Customer agrees to indemnify, defend and hold Black Forest Labs and its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors harmless from and against any and all actions, causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses (collectively, “BFL Indemnity Claims”) which Black Forest Labs may at any time incur, sustain or become subject to by reason of any BFL Indemnity Claim (a) brought by a third party and arising from Customer’s or, if applicable, Customer’s End User’s (i) breach of these terms or any law or regulation, (ii) operation of a Customer Application, (iii) violation of any rights of any third party, (iv) misuse of the Black Forest Labs models, (v) content or Input, (vi) BFL Output, (vii) fine-tuning of any Black Forest Labs models, and (viii) negligence or willful misconduct or (b) brought by an End User. Customer will pay all costs, damages, and expenses incurred by Black Forest Labs, including reasonable attorneys’ fees and costs awarded against or otherwise incurred Black Forest Labs in connection with or arising from any such BFL Indemnity Claim, provided that Black Forest Labs notifies Customer of any such BFL Indemnity Claim. If Customer does not timely and adequately conduct such defense, Black Forest Labs may, at its option and at Customer’s expense, conduct such defense, contest, litigate or settle the BFL Indemnity Claim using counsel of Black Forest Labs’ own choice without prejudice to Black Forest Labs’ right of indemnification. Black Forest Labs will have the right to be represented by counsel at its own expense in any such contest, defense, litigation or settlement conducted by Customer. 

• Effect of Termination or Expiration. Upon termination or expiration of Customer’s agreement with Microsoft, all licenses granted under the agreement to use Black Forest Labs models via Foundry Models sold by Azure will terminate. 

Certain Mistral Models

Mistral models are trained and developed by Mistral AI and its Affiliates (“Mistral AI”). Use of Mistral models as Foundry Models sold by Azure (“Mistral AI Products”) in Microsoft Foundry Models is subject to the following additional terms: 

• Intellectual Property. As between Customer and Mistral AI, Mistral AI remains the sole owner of all right, title, and interest in and to the Mistral AI Products, including any modifications or enhancements thereto, and all intellectual property in all of the foregoing, but excluding any developments made by Customer to customize a Mistral AI Product or in furtherance of Customer’s use of a Mistral AI Product, in each case only as expressly authorized under the Product Terms including these additional terms (“Customer Developments”). Mistral AI makes no claims of any right, title, or interest in or to Customer Developments. For the avoidance of doubt, Customer Developments do not include the underlying Mistral AI Product customized or used by Customer. 

• Restrictions. Customer will not, and will not permit any other person to: 

  • use the Mistral AI Products in a manner that violates any applicable laws or the Product Terms including these additional terms; 

  • use the Mistral AI Products in a manner that infringes, misappropriates, or otherwise violates any third party’s rights, including intentionally using the Mistral AI Products to generate Mistral Outputs that infringe third party rights; “Mistral Outputs” means output from a Mistral AI Product based on Customer’s Input);

  • send any personal information of children under 13 or the applicable age of digital consent or allow minors to use the Mistral AI Products without consent from their parent or guardian;  reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the Mistral AI Products, algorithms, and systems of the Mistral AI Products (except to the extent these restrictions are contrary to applicable law);

  • compromise the security or proper functionality of the Mistral AI Products, including interfering with, circumventing, or bypassing security or moderation mechanisms in the Mistral AI Products or performing any vulnerability, penetration, or similar testing of the Mistral AI Products; 

  • use any method to extract any content from the Mistral AI Products other than Mistral Outputs; or distribute or market the Mistral AI Products as a standalone product or Mistral AI Product and/or act as a distributor of the Mistral AI Products without Mistral AI’s prior written consent. 

• Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED BY MISTRAL AI IN THE PRODUCT TERMS INCLUDING THESE ADDITIONAL TERMS, MISTRAL AI PROVIDES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE MISTRAL OUTPUTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR CUSTOMER’S SPECIFIC REQUIREMENTS. THESE DISCLAIMERS WILL APPLY EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THEM.

• Indemnity 

  • By Mistral AI. Mistral AI will indemnify, defend, and hold Customer harmless against any liabilities, damages and costs (including reasonable attorneys’ fees) arising out of a third-party claim to the extent alleging that the Mistral AI Products infringe that third party’s patent, copyright or trademark or makes unlawful use of its trade secret. Mistral AI will have no obligations under this clause to the extent the claim arises from: (i) the combination of the Mistral AI Products with software, hardware, or any other equipment not provided by or on behalf of Mistral AI or otherwise authorized or recommended in the applicable documentation; (ii) modification of the Mistral AI Products or Mistral Outputs by any party other than Mistral AI; (iii) Customer Data; or (iv) Customer’s breach of the Product Terms including these additional terms. 

  • By Customer. Customer will indemnify, defend, and hold Mistral AI and its licensors harmless from and against any liabilities, damages, and costs (including reasonable attorneys’ fees) arising out of a third-party claim related to the use of the Mistral AI Products in violation of the Product Terms including these additional terms. 

  • Procedure. The indemnification obligations in this section are subject to the indemnifying Party (a) receiving a prompt written notice of such claim; (b) being granted the exclusive right to control and direct (including the authority to select legal counsel) the investigation, defense or settlement strategy of such claim; and (c) benefitting from all reasonable necessary cooperation and assistance, including access to the relevant information, by the indemnified Party at the indemnifying Party’s expense. Any settlement requiring the indemnified Party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified Party’s prior written consent.