They probably meant "It is our intention not to collect information..." rather than "Microsoft does not collect information..."
If you make a mistake which contradicts something you've said in a formal contract, is there any way to basically say "Whoops, my bad, yo. We're pushing out a bugfix ASAP"? Would that even 'matter'? I guess it depends entirely on the exact contract, so there's probably no way to answer that.
I mean, people make mistakes. It's life; it happens. I'm just wondering if the legal system reflects that fact at all, or whether it's a hardcore stonefaced slavedriver that laughs at how naive you are for thinking you get a second chance.