TERMS OF USE OF ZOOM
DATE OF ENTRY INTO FORCE: April 13, 2022
IMPORTANT, PLEASE READ CAREFULLY: YOUR USE AND ACCESS TO THE WEBSITE, PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF ZOOM VIDEO COMMUNICATIONS, INC.
AND ITS AFFILIATED COMPANIES ("ZOOM") ARE SUBJECT TO COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO RESOLVE ANY DISPUTES THROUGH ARBITRATION.
READ CAREFULLY BEFORE ACCEPTING.
BY CLICKING OR SELECTING THE "ACCEPT" BOX OR BUTTON, BY ACCESSING THE ZOOM WEBSITE OR USING THE ZOOM SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL ACCOMPANYING DOCUMENTS, ORDER FORMS AND POLICIES ("AGREEMENT" OR "TERMS OF SERVICE").
THE ZOOM SERVICES ARE NOT AVAILABLE TO PERSONS WHO LEGALLY UNABLE TO BE BOUND BY THESE TERMS OF USE.
Zoom will provide the Services, and you may access and use the Services in accordance with this Agreement.
Zoom may provide any of the Services referred to herein through any of its Affiliates.
If the User orders Services via an online registration page or an order form ("Order Form"), the Order Form may contain additional terms and conditions and information regarding the Services ordered.
Unless expressly stated in such additional terms and conditions applicable to the specific Service that the User has chosen to use, those terms are incorporated herein into this Agreement and will cover the User's use of said Service.
System requirements.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and some software (fees may apply) and may require updates or enhancements from time to time.
Because use of the Services involves the use of hardware, software, and Internet access, your ability to access and use these Services may be affected by the performance of these factors.
High-speed Internet access is recommended.
You agree and acknowledge that you are responsible for these system requirements, which may be changed from time to time.
DEFINITIONS.
The following definitions apply to this Agreement and any references to the singular include references to the plural and vice versa.
Service-specific definitions can be found in the Service Description document available at www.zoom.us/services-description.
"Affiliate" in relation to a Party means any entity that directly or indirectly controls, is controlled by or is under common control with that Party.
For the purposes of this Agreement, "control" means a voting or economic interest of at least fifty percent (50%) or, in the absence of such voting or economic interest, the power to direct or determine the address of the management and policy setting of that entity.
"End User" means an Organizer or Participant (as defined in the Service Description) who uses the Services.
"Initial Subscription Period" means the initial subscription period for a given Service as specified on an Order Form.
"Service Effective Date" means the commencement date of the Initial Subscription Period as specified on an Order Form.
"Renewal Period" means the subscription renewal period for a Service that begins after the initial Subscription Period or after another Renewal Period as specified on an Order Form.
For "Taxes and Duties" and "Taxes or Duties" all applicable sales, use, environmental or regulatory taxes, VAT, taxes, duties (including customs duties), charges, surcharges or ratings collected on the provision of Customer Services (including any income tax applied to Zoom).
"VAT" means value added tax and any other tax of a similar nature, applied in a Member State of the European Union in lieu of, or collected in addition to, that tax, or otherwise applied elsewhere, any tax on goods and services, PIS / COFINS, any similar indirect tax or any similar tax applied in relation to, or otherwise related to, the Services rendered by Zoom to the Customer.
"User Data" means the information provided to Zoom in such a way that Zoom can fulfill the conditions of the Agreement and can provide access to the Services (for example, company name, billing address, identification number tax, VAT registration number, name and contact information).
The User is solely responsible for the accuracy of the User Data and Zoom has no responsibility for errors and omissions in the User Data.
SERVICES.
Zoom will provide the services as described in the Order Form and the standard updates of the Services made generally available by Zoom during the validity period of the terms.
Zoom may, in its sole discretion, discontinue the Services or change the functionality of the Services, from time to time, without further notice.
Servizi Beta.
From time to time, Zoom may offer access to services classified as a Beta version.
Access to and use of Beta versions may be subject to additional agreements.
Zoom does not guarantee that a Beta version will generally be available and reserves the right to discontinue or modify a Beta version at any time and without notice.
Beta versions are provided as is, may contain bugs, errors or other defects, and the use of a Beta version is solely at the User's risk.
USE OF THE SERVICES AND USER LIABILITY.
You may use the Services only in accordance with the terms of this Agreement.
The User is solely responsible for his own use of the Services and that of his End Users and is required to respect and ensure compliance with all laws related to his and his End Users' use of the Services, including , without limitation, the laws regarding registration, intellectual property, privacy and export control.
The use of the Services is invalid where not permitted.
Registration information.
For the registration and / or use of certain Services, the User may receive a request to provide personal information.
The User declares that the information provided will be correct.
The User may be prompted to enter a username and password.
The User is fully responsible for maintaining the security of his username and password and does not agree to disclose them to any third party.
User Content.
The User agrees to be solely responsible for the contents ("Contents") sent or transmitted by him or viewed or uploaded by him during the use of the Services, and to comply with all laws regarding the Contents, including, without limitation , the laws that require the User to acquire the consent of third parties to the use of the Contents and to provide appropriate notices on the rights of third parties.
You represent and warrant that you have the right to upload Content to Zoom and that such use does not violate or infringe any third party rights.
In no event shall Zoom be held liable in any way for (a) Content transmitted or displayed while using the Services, (b) errors or omissions in the Content, or (c) loss or damage of any kind arising from use, 'access or refusal of access to the Contents.
Although Zoom is not responsible for the Contents, Zoom may delete the Contents, in whole or in part, at any time and without notice, if it becomes aware of any violations of the provisions of this Agreement or of a law.
The User retains the copyright and any other rights already held in relation to the Content that you upload, post or view on the Services or through them.
Registrations.
You are responsible for complying with all registration laws.
The Organizer can choose to record Zoom meetings and webinars.
By using the Services, the User gives Zoom the consent to keep recordings of all Zoom webinars and meetings in which the User participates, if such recordings are kept in our systems.
The User will receive a notification (visual or otherwise) when the registration is activated.
If the User does not consent to the registration, they can choose to leave the meeting or webinar.
Forbidden use.
The User agrees not to use, and not to allow any End User to use the Services for the purpose of: (i) modifying, disassembling, decompiling, preparing derivative works, performing reverse engineering or otherwise attempting to gain access to the code source of the Services; (ii) knowingly or negligently use the Services to abuse, interfere with or damage Zoom networks, its accounts, or the Services; (iii) engage in an illegal, fraudulent, false or deceptive activity, (iv) transmit through the Services any material that may infringe on the intellectual property or other rights of third parties; (v) create or use a competing product or service as a benchmark, or copy features, functionality or graphics from the Services; or (vi) use the Services to transmit any harassing, defamatory, threatening, obscene, indecent message or material, which infringes any party's intellectual property rights or is otherwise illegal, which may give rise to civil liability or constitute or encourage conduct that may constitute a criminal offense, pursuant to any applicable law or regulation; (vii) upload or transmit any software, Content or code that damages, disables, destroys or adversely affects, or is intended to do, the performance of the Services in any way or that damages or extracts, or is intended to do so, information or data from other hardware, software or networks of Zoom or other users of the Services; (viii) undertake any activity or use the Services in any way that could damage, disable, overload, compromise or otherwise disturb or interrupt the Services, or any servers or networks connected to the Services or to Zoom's security systems. (
ix) use the Services in violation of any Zoom policy or in violation of applicable laws, including but not limited to anti-spam, export control, privacy and anti-terrorism laws and regulations that require the consent of the subject of the audio and video recordings, and you have sole responsibility for compliance with such laws and regulations.
Limitations of use.
The User may not reproduce, resell or distribute the Services or the reports or data generated by the Services for any purpose, unless the User has been explicitly authorized to do so under another agreement with Zoom.
The User cannot offer or enable any third party to use the Services purchased by the User, cannot view on any website or publish the Services or any Content obtained from a Service (except General User Content) or otherwise generate profits from the Services or from the use of the Services for the development, production or marketing of a service or product substantially similar to the Services.
LIABILITY FOR END USERS.
The User is responsible for the activities of all End Users who access or use the Services through his account and the User undertakes to ensure that such End Users comply with the terms of this Agreement and any Zoom policy. .
Zoom assumes no responsibility for any violations.
If you become aware of any violations of this Agreement in connection with any person's use of the Services, please contact Zoom at trust@zoom.us.
Zoom may investigate any complaints or violations brought to its attention and may or may not take any action it deems appropriate, including without limitation, issue warnings, remove content or delete User accounts and / or profiles.
In no event shall Zoom be held liable in any way for any data or content displayed while using the Services, including, but not limited to, any omission or error in such data or content, or any loss or damage of any type derived from the use, access or refusal of access to any data or content.
ZOOM'S OBLIGATIONS RELATED TO CONTENT Zoom will take all reasonable steps, both physical and technical, to prevent unauthorized disclosure or access to the Content, in accordance with industry standards.
Zoom will notify the User in the event that it becomes aware of unauthorized access to the Contents.
Zoom will not access, view or process any Content except (a) as provided in this Agreement and in Zoom's Privacy Policy; (b) as authorized or instructed by the User, (c) as required to fulfill its obligations under this Agreement; or (d) as required by law.
Zoom has no obligation with respect to the Content.
ELIGIBILITY.
The User declares that he is at least 16 years of age and that he has every other right to sign the terms, conditions, obligations, certifications, representations and warranties contained in this Agreement, and undertakes to respect and comply with this Agreement.
User access may be terminated without notice if we believe the User is under the age of 16 or otherwise unsuitable.
INTENDED USE; LIMITATION ON USE BY MINORS .. The Services are intended for business use.
You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement.
Zoom is not intended for use by individuals under the age of 16, unless through a Subscriber Educational Institution (as that term is defined in the Service Description) using Zoom for Education (Primary Education Cycle and secondary).
CHARGES AND CANCELLATION.
The User agrees that Zoom may charge to his credit card, or to another payment system chosen by the User and approved by Zoom ("User Account"), all amounts due and deriving from the Services.
All payments made to us by the User will be free and exempt from any deduction or withholding, as required by law.
If any deductions or withholdings are required on any payment (including but not limited to national or international withholding taxes), the additional amounts requested will be paid by the User so that the net amount received by us is equal to the amount due under the this Agreement.
It will be our responsibility to provide the tax forms reasonably necessary to reduce or eliminate the amounts to be withheld or deducted for taxes relating to payments made under this Agreement.
Zoom can change prices at any time, including switching from a free to a paid service and charging for Services previously offered free of charge; upon notification by Zoom to the User and provided that Zoom grants the User the possibility to cancel their User Account in the event that Zoom changes the price of a Service to which the User is registered and does not charge the User for a previously free Service , unless the User has been informed of the applicable tariffs and has not agreed to bear them.
The User agrees that, in the event that Zoom is unable to collect the amounts due to Zoom for the Services used through the User Account, Zoom may take any other measures deemed necessary to recover such amounts from the User and that the User is responsible. of all costs and expenses incurred by Zoom in connection with said collection activity, including collection, judicial and legal costs.
The User also agrees that Zoom applies to all unpaid amounts at maturity an interest equal to the lesser of 1.5% per month and the maximum amount permitted by law or any unpaid amount at maturity.
The User can cancel his subscription at any time.
In case of cancellation, the User will not be charged further terms of the Service, which will continue until the end of the current Subscription Period.
In case of cancellation, the User will not receive any refund for the Services already paid.
TAXES.
Unless otherwise stated, all prices and rates exhibited by Zoom do not include any regulatory taxes or duties, services, service charges, setup fees, subscription fees or any other charges or charges associated with your Account.
Where applicable, taxes and regulatory duties will be charged on Zoom's invoices in accordance with local laws and regulations; Zoom, in its sole discretion, will determine the amount of Taxes due.
Taxes and statutory fees charged may be changed without notice.
Invoices with VAT.
If required by law, Zoom will issue the User with invoices with VAT or a document that the competent tax authority will treat as an invoice with VAT.
The User agrees that this invoice can be issued electronically.
Tax exemptions.
If you are exempt from any Tax or Tax, you will be required to provide Zoom with all appropriate tax exemption certificates and / or other documentation satisfactory to the applicable tax authorities to prove such exemption status.
Zoom reserves the right to review and validate the tax exemption documentation.
In the event that the tax exemption documentation is invalid, Zoom reserves the right to charge the User for applicable taxes.
Payment of taxes and duties.
You are responsible for paying Zoom all applicable taxes and duties.
The User is solely responsible for paying all taxes and duties due as a result of the provision of the Services by Zoom.
If the User is required to pay taxes and duties, the User himself will be required to pay these amounts without any reduction or compensation of the amounts to be paid to Zoom pursuant to this document and, in addition, the User will pay and sustain any amount. additional, as necessary for Zoom to receive the full expected payment amount as if no such reduction or compensation was required.
VAT charged to the customer.
If User is required to pay taxes and duties to tax authorities from Zoom, by reverse charge or other similar mechanism, User will provide Zoom with all appropriate evidence for Zoom in order to demonstrate the User's business nature, such as a valid VAT number (or similar information required under relevant VAT laws).
Zoom reserves the right to review and validate the VAT number.
In the event that the VAT number is not valid, Zoom reserves the right to charge the User the applicable VAT in any case.
For the avoidance of doubt, if the User is required to pay VAT to the tax authority, by reverse charge or other similar mechanism, the User is solely responsible for paying such amounts to the relevant tax authority for Zoom to receive the full amount of the requested payment.
Tax determination.
Tax determination is primarily based on the location where the Client has established his business based on the Client Data.
Instead, as far as natural persons are concerned, it is based on the location in which that person permanently resides.
This will be defined by Zoom as the "Sale" address.
Zoom reserves the right to verify the correspondence between this position and other available evidence in order to validate whether the position indicated by the User is accurate.
In the event that the location indicated by the User is inaccurate, Zoom reserves the right to charge the User for any outstanding taxes and duties.
Use and enjoyment.
If the User purchases Zoom Services, and such services are used and enjoyed by your affiliate in a country other than the location indicated by the User as determined by Section 9 (e) of these Terms of Use, the User confirms that, where required, it will treat such use and enjoyment as a supply to its subsidiary.
If the User purchases Services and such Services are used and enjoyed by a branch or individual within a country other than the User's location as determined by Section 9 (e) of these terms of use, the User agrees to inform Zoom of the Services that have been assigned and, furthermore, agrees that Zoom reserves the right to charge Taxes and Fees based on the use and enjoyment of such Services.
RESOLUTION.
The Zoom website contains information on how to close your Account.
If the User has purchased a Service for a certain period, the termination will take effect on the last day of the current period.
The Order Form may provide that the Renewal Period will begin automatically if either Party fails to send a notice of termination at least thirty (30) days prior to the start of the Renewal Period.
If the User fails to comply with the provisions of this Agreement, Zoom may immediately terminate this Agreement and withhold any fees already paid by the User.
In the event of termination of this Agreement, section 1 and sections 3 to 22 will remain in effect.
Upon termination of this Agreement, the User is required to stop using the Services.
If at any time the User is not satisfied with the Services, the only remedy is to stop using them and follow this termination procedure.
PROPERTY RIGHTS.
Zoom and / or its suppliers, as applicable, own all proprietary rights in the Services and all associated trade names, trademarks and service marks, logos and domain names (the "Zoom Marks"). or displayed on the Services.
You may not perform framing activities or use framing techniques that include Zoom's Trademarks or other proprietary information (including images, text, page layouts or formats) of Zoom without express written consent.
You may not use any meta tags or any other "hidden text" that uses the Zoom Trademarks without Zoom's express written consent.
CONFIDENTIALITY.
Each party agrees to treat and retain as confidential all non-public information provided by the other party relating to the business, systems, operations, strategic plans, customers, tariffs (including, but not limited to, conditions on tariffs set forth herein, to the methods, processes, financial data, programs and / or products of other parties in any form, which are referred to as "confidential" or which a reasonable person knows or should reasonably understand are confidential ( hereinafter "Confidential Information").
For the purpose of this contract, the User's Confidential Information must include the User's Data and any information disclosed to Zoom by the User regarding the activity, systems, operations, strategic plans, customers, rates, the methods, processes, financial data, programs and / or products of the User himself.
Each party agrees to limit the disclosure of other parties' Confidential Information to as few people as possible and only to those people who need to know, such as their own staff or the staff of their Affiliates and subject to an obligation to maintain such information. confidential.
Except where it is necessary to fulfill their respective obligations under this Agreement, neither party shall, without first obtaining the other party's prior written consent, disclose to any person, firm or firm, except as expressly permitted herein, or use the other party's Confidential Information for your own benefit or for the benefit of a third party.
Exclusions.
"Confidential Information" does not include Content or Information that (a) is already legitimately known to one party at the time it is obtained from the other party, are free from any obligation to keep such information confidential; (b) are or become publicly known or available without any wrongful act of a party; (c) are lawfully received from third parties without restrictions or violation of these Terms of Use; or (d) are developed by one party without the use of any proprietary or non-public information provided by the other party under the Agreement.
Exception.
Either party may disclose Confidential Information where required by law, regulation or court order, provided that the party subject to such law, court order or regulation, where permitted, notifies the other party of such use or requirement prior to the disclosure in order to allow that other party the opportunity to obtain a precautionary order to prevent or limit the disclosure of information to third parties.
Confidentiality period and obligations.
The confidentiality obligations set forth in this section of the Terms of Use will remain in effect for a period of five (5) years from the disclosure of the information.
Both parties agree (a) to take reasonable steps to protect the other party's Confidential Information and such measures must be at least as protective as those taken by the receiving party to protect its Confidential Information and no less than a reasonable standard of care; (b) promptly notify the disclosing party of the discovery of any unauthorized use or disclosure of Confidential Information, and (c) in the event of an unauthorized disclosure by a receiving party, cooperate with the disclosed party to help regain control of the Confidential Information and prevent further use or unauthorized disclosure of the same.
COPYRIGHT.
The User may not post, modify, distribute or reproduce in any way material subject to copyright, trademarks, publicity rights or other proprietary rights without the prior written consent of the owner of such rights.
Zoom may deny access to the Services to any User who is alleged to have infringed the copyright of third parties.
Except for the aforementioned limitations, if you believe that your copyright has been infringed, you can send a report to Zoom as specified here.
EXPORT RESTRICTIONS. The User agrees that the Services, or part of them, are subject to the Export Administration Regulations, 15 C.F.R. parts 730-774 of the United States and may be subject to other national export control and trade sanctions laws ("Export Control and Trade Sanctions Laws").
Upon request, Zoom will provide United States export classifications applicable to its Services.
You and your End Users may not access, use, export, re-export, hijack, transfer or disclose any part of the Services or related materials or technical information, directly or indirectly, in violation of export control laws and trade sanctions.
You represent and warrant that: (i) You and your End Users (a) are not citizens or residents of any country or territory subject to U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran , North Korea, Syria and the Crimea, Donetsk and Luhanks regions of Ukraine) and that neither the User nor its End Users will access or use the Services, export, re-export, hijack or transfer the Services to / from such countries. or territories; (b) are not subject to, or are not owned 50% or more, individually or in aggregate, by persons identified on the US Treasury Department's SDN [Specially Designated Nationals and Blocked Persons] or FSE [Foreign Sanctions Evaders] lists, and (c) are not on the US Department of Commerce DPL [Denied Persons List], Entity List, and UVL [Unverified List] or on the US Department of State's non-proliferation lists; (ii) You and your End Users located in China, Russia or Venezuela are not military End Users and will not use Zoom's services for military purposes, as defined in 15 C.F.R. 744.21; (iii) No Content created or posted by You or your End Users is subject to any disclosure, transfer, download, export or re-export restriction under the Export Control and Trade Sanctions Laws; and (iv) You and your End Users will not take any action that would constitute a violation or be sanctioned under US anti-boycott laws administered by the US Department of Commerce or the US Department of the Treasury.
The User is solely responsible for compliance with the laws on export control and trade sanctions and is required to check them for any changes.
NOT FOR USE IN HIGH RISK ENVIRONMENTS.
The Services are not designed or licensed for use in hazardous environments that require self-protected controls, including but not limited to the operation of nuclear facilities, aircraft communication / navigation systems, air traffic control and resuscitation or of weapons.
The services should not be used for or in the context of any HIGH RISK environment.
INJUNCTIVE MEASURE.
You agree that any use of the Services contrary to this Agreement, or any transfer, sub-license, copy or disclosure of materials or technical information related to the Services may cause irreversible damage to Zoom, its Affiliates, suppliers and any other party authorized by Zoom to resell, distribute or promote the Services (the "Resellers") and, in such circumstances, Zoom, its Affiliates, suppliers and Resellers will be entitled to an equitable remedy, without payment of any security or other guarantee , including, by way of example, the preliminary and permanent injunction.
NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND ZOOM, ITS AFFILIATES, SUPPLIERS AND RETAILERS EXPRESSLY DISCLAIM WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, NOT EXPRESS, INCLUDING EXHAUSTIVE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ZOOM, ITS AFFILIATES, SUPPLIERS AND DEALERS MAKE NO WARRANTY OR REPRESENTATION IN CONNECTION WITH THE RESULTS OBTAINABLE FROM THE USE OF THE SERVICES, WITH REGARD TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY THE SERVICES OR PROVIDED BY THE SERVICES YOUR REQUIREMENTS ARE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
ALL MATERIALS OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE SOLELY AT THE DISCRETION AND RISK OF THE USER.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE USE OF THE SERVICES.
ALL RISKS ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES ARE WITH THE USER.
ZOOM ASSUMES NO LIABILITY FOR THE STORAGE OF ANY USER INFORMATION OR COMMUNICATION BETWEEN USERS.
ZOOM CANNOT WARRANT AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES.
USE IS AT USER'S RISK.
INDEMNITY.
You agree to indemnify, defend and hold harmless Zoom, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any third party claims, liability, damages and / or costs (including, but not limited to , legal fees) arising from the use of the Services, from the violation of this Agreement by the User or from the non-compliance or violation by the User or any other user of the Account, of any intellectual property or other right of natural or legal persons or related to applicable laws.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOOM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, ACCESSORY, INDIRECT, SANCTIONING OR CONSEQUENTIAL DAMAGES (INCLUDING BETWEEN OTHER INFORMATION FOR DAMAGES FOR OTHER DAMAGES PROPERTY LOSS OR DAMAGES) ARISING FROM THE USE OR IMPOSSIBILITY TO USE THE SERVICES OR FROM THE DELIVERY OR FAILURE TO PROVIDE TECHNICAL OR OTHER ASSISTANCE SERVICES, FOR ILLICIT (INCLUDING NEGLIGENCE IN ANY CONTRACT) IF ZOOM, ITS AFFILIATES, SUPPLIERS OR RETAILERS HAVE BEEN ADVISED OF THE POSSIBLE INCURRENCE OF SUCH DAMAGES.
IN ANY EVENT, THE MAXIMUM CUMULATIVE LIABILITY OF ZOOM, ITS AFFILIATES, SUPPLIERS AND DEALERS, AND YOUR SOLE REMEDY FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE ACTUAL AMOUNT OF THE SERVICE POSSIBLE) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES TRIGGERING SUCH CLAIMS.
Since some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
ARBITRATION AGREEMENT; WAIVER OF COLLECTIVE ACTIONS.
If you are a resident of the United States, you agree to resolve any disputes on an individual basis only, by arbitration under the provisions of Accompanying Document A. The parties expressly waive the right to take any action, legal action or proceeding as a class action , action in the general public interest or other proceedings in which a party acts or proposes to act on a representative basis.
PRIVACY AND OTHER POLICIES.
Use of the Services is also subject to Zoom's Privacy Policy, the link to which is available by selecting "Privacy and Legal Notices" in the footer of the Zoom website.
The Privacy Policy and all policies on the www.zoom.us/legal page are incorporated into this Agreement by this reference.
Additionally, if your use of the Services requires Zoom to process any personally identifiable information ("Personal Data"), Zoom must do so at all times in accordance with our Global Data Processing Addendum of Zoom https: //zoom.us/docs/doc/Zoom_GLOBAL_DPA.pdf which is incorporated into these Terms of Service.
Furthermore, the User is aware and accepts that Zoom may contact him by e-mail or other means to provide him with information relevant to the use of the Services, regardless of whether the User has chosen or not to receive marketing communications alerts.
VARIOUS
Choice of jurisdiction and competent court.
This Agreement must be governed by and construed under the laws of the state of California, USA, as applied to agreements entered into and to be performed in California by residents.
Except as provided in Accompanying Document A, the Parties agree that the exclusive jurisdiction will be that of the national courts in Santa Clara County, California, and the federal courts in the Northern District of California.
Contracting entity.
In the event that Your Zoom account reflects a billing / sales address in India, the contracting entity under these Terms of Service will be Zoom's Affiliate, ZVC India Pvt.
Ltd.
Waiver and partial invalidity.
If either Party refrains from enforcing its rights under this Agreement or from applying its provisions, this will not result in a waiver or loss of said rights or ability to enforce said provisions.
If any provision of this Agreement is found to be unlawful, void or unenforceable by a competent court, it will have to be amended to achieve an economic effect as similar as possible to that of the original provision, and the remainder of this Agreement will remain in full force and effect. effectiveness.
General provisions.
This Agreement constitutes the entire basis of understanding between the Parties regarding the object of the same and replaces any previous agreements between the Parties regarding the subject, except in the event that the User or the company of the same 'User have contracted a separate written agreement or the User has signed an order form that refers to another agreement to which the use of the Services is subject.
In this case, said agreement will prevail to the extent that no provision of this Agreement conflicts with the terms of said agreement.
Zoom may decide to modify or supplement the terms of this Agreement from time to time in its sole discretion.
Zoom will make reasonable commercial efforts to notify You of any material changes to this Agreement.
Within ten (10) working days from the publication of the changes to this Agreement (or ten (10) working days from the date of any notice), such changes will be binding on the User.
If the User disagrees with the changes, he must stop using the Services.
If the User continues to use the Services after said period of ten working days, the changes to the terms of this Agreement will be deemed accepted.
To participate in certain Services, the User may receive a communication requesting to download software and / or accept additional terms and conditions.
Unless expressly stated in the above additional terms and conditions, they are incorporated herein into this Agreement.
This Agreement has been drawn up in the English language and this version will prevail in all matters.
All non-English versions have been prepared for convenience only.
Attachment A
Binding Arbitration
This Accompanying Document A to the Terms of Service describes additional provisions that apply to the Binding Arbitration and Class Action Waiver.
Dispute.
A dispute is defined as any dispute between the User and Zoom regarding the Services, any software related to the Services, the price of the Services, the User's Account, advertising, marketing or communications of Zoom, purchase or billing transactions, or any term of this Agreement, under any other legal rule including contracts, warranties, torts, statutes or regulations, except disputes related to the application or validity of the User's or Zoom's intellectual property rights To attempt to resolve any disputes and before to initiate arbitration proceedings, each party agrees to provide notification of the dispute to the other party, with a description of the dispute, the efforts made to resolve it and the party's claims to reach a resolution, to legal@zoom.us.
Availability of the court for the resolution of small claims.
You may bring a lawsuit in the small dispute resolution court if you meet the court's requirements.
However, if such a claim is transferred, removed or challenged in a different court, Zoom reserves the right to request arbitration.
Arbitration Procedure.
Disputes not resolved under Sections A or B shall be resolved by arbitration.
The American Arbitration Association ("AAA") will conduct any arbitration under its own rules for commercial arbitration.
For more information, visit www.adr.org.
Arbitration hearings will take place in the Federal Judicial District of Your primary business location.
A single referee will be appointed.
The arbitrator shall: (a) comply with all applicable substantive laws; (b) comply with the applicable statute of limitations; (c) abide by valid claims of privilege; (d) issue a written and reasoned decision.
The arbitrator may include damages, injunctive or injunctive relief and costs (including reasonable attorney's fees).
The arbitration award may be applied (for example through a judgment) in any competent court.
Under the AAA rules, the arbitrator decides on his or her jurisdiction, including the arbitration of any claims; however, a court has the exclusive authority to enforce the prohibition of arbitration at the class level or as a representative.
Arbitration fees.
If You are unable to meet the costs of an arbitration, Zoom will advance those costs, subject to the arbitrator's determination that such costs should be reimbursed to Zoom in the event of a win.
For disputes worth more than US $ 75,000, the AAA rules will cover the payment of notification fees, as well as the fees and expenses of the AAA and the arbitrator.
Conflict with AAA rules.
This Agreement prevails in the event of a conflict with the AAA Commercial Arbitration Rules.
One year limitation period for the action.
Notwithstanding any other statute of limitations, a claim or dispute related to this Agreement must be filed with a small dispute resolution court or be the subject of a request for arbitration within one year or as soon as possible, otherwise this claim will be definitively canceled.
Partial invalidity.
If the waiver of class actions is found to be unlawful or unenforceable, wholly or totally, to a dispute, those parties will not be submitted to arbitration but to a court, and what remains will be resolved by arbitration.
If a provision of this Accompanying Document A is found to be unlawful or unenforceable, that provision will be excluded, but the remaining provisions will remain valid and should be interpreted as consistent as possible with the original intent of this Accompanying Document, including the separate provisions .