{"service":{"name":"Zoom","url":"https://explore.zoom.us/en/terms/","lang":"ENG","sector":"Communication","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"10.11.2021"},"document":{"title":"","text":"ZOOM TERMS OF SERVICE\nEFFECTIVE: November 10, 2021\nIMPORTANT, READ CAREFULLY : YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY,\nTHE “SERVICES”) OF ZOOM VIDEO COMMUNICATIONS, INC. AND ITS AFFILIATES (“ZOOM”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND\nACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.\nBY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE ZOOM WEBSITE OR BY UTILIZING THE ZOOM SERVICES YOU AGREE TO BE BOUND BY\nTHESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE ZOOM SERVICES ARE NOT\nAVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.\nZoom will provide the Services, and you may access and use the Services, in accordance with this Agreement. Zoom may provide any of the Services hereunder through any of\nits Affiliates. If You order Services through an on-line registration page or an order form (each an “Order Form”), the Order Form may contain additional terms and conditions\nand information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service\nwhich You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service.\nSystem Requirements. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require\nobtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services\nmay be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be\nchanged from time to time, are Your responsibility.\nDEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. Service specific\ndefinitions are found in the Services Description located at www.zoom.us/services-description.\n“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this\nAgreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or\ncause the direction of the management and set the policies of such entity.\n“End User” means a Host or Participant (as defined in the Services Description) who uses the Services.\n“Initial Subscription Term” means the initial subscription term for a Service as specified in an Order Form.\n“Service Effective Date” means the date an Initial Subscription Term begins as specified in an Order Form.\n“Renewal Term” means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order\nForm.\n1.\nSERVICES. Zoom will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by Zoom during the\nterm. Zoom may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.\n2.\nBeta Services. Zoom may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to\nadditional agreements. Zoom makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a\nBeta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole\nrisk.\n2.1.\nUSE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your\nEnd Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not\nlimited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.\n3.\nRegistration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such\ninformation shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user\nname and password and agree not to disclose such to any third party.\n3.1.\nYour Content. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services\nand for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content\nand to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Zoom and that such use does\nnot violate or infringe on any rights of any third party. Under no circumstances will Zoom be liable in any way for any (a) Content that is transmitted or viewed while\nusing the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to\nContent. Although Zoom is not responsible for any Content, Zoom may delete any Content, at any time without notice to You, if Zoom becomes aware that it\nviolates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or\nthrough, the Services.\n3.2.\nRecordings. You are responsible for compliance will all recording laws. The host can choose to record Zoom meetings and Zoom Video Webinars. By using the\nServices, you are giving Zoom consent to store recordings for any or all Zoom meetings or webinars that you join, if such recordings are stored in our systems. You\nwill receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar\n3.3.\nProhibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works\nof, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses,\ninterferes with, or disrupts Zoom’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through\nthe Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy\nany features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene,\nindecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages\nconduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is\nintended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data\nfrom other hardware, software or networks of Zoom or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage,\ndisable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Zoom’s security systems. (ix)\nuse the Services in violation of any Zoom policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-\nterrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance\nwith all such laws and regulations.\n3.4.\nLimitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been\nspecifically permitted to do so under a separate agreement with Zoom. You may not offer or enable any third parties to use the Services purchased by You, display on\nany website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the\nServices or use the Services for the development, production or marketing of a service or product substantially similar to the Services.\n3.5.\nRESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure\nthat any such End User will comply with the terms of this Agreement and any Zoom policies. Zoom assumes no responsibility or liability for violations. If You become\naware of any violation of this Agreement in connection with use of the Services by any person, please contact Zoom at trust@zoom.us. Zoom may investigate any\ncomplaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing\nthe content or terminating accounts and/or User profiles. Under no circumstances will Zoom be liable in any way for any data or other content viewed while using the\nServices, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to,\nor denial of access to any data or content.\n4.\n\nZOOM OBLIGATIONS FOR CONTENT. Zoom will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in\naccordance with industry standards. Zoom will notify You if it becomes aware of unauthorized access to Content. Zoom will not access, view or process Content except\n(a) as provided for in this Agreement and in Zoom’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this\nAgreement; or (d) as required by Law. Zoom has no other obligations with respect to Content.\n5.\nELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations,\nrepresentations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.  Your access may be terminated without warning if we\nbelieve that You are under the age of 16 or are otherwise ineligible.\n6.\nINTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to\nthe terms and limitations of this Agreement. Zoom is not intended for use by individuals under the age of 16, unless it is through a School Subscriber (as that term is\ndefined in the Services Description) using Zoom for Education (K-12).\n7.\nCHARGES AND CANCELLATION. You agree that Zoom may charge to Your credit card or other payment mechanism selected by You and approved by Zoom (“Your\nAccount”) all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your\nAccount. Unless stated otherwise, all prices and fees shown by Zoom are exclusive of taxes and regulatory fees, service, service fees, set up fees, subscription fees, or any\nother fee or charge associated with Your Account. Where applicable, taxes and regulatory fees will be charged on the invoices issued by Zoom in accordance with local\nlaws and regulations. The taxes and regulatory fees charged can be changed without notice.  All payments made by you to us under this Agreement will be made free and\nclear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to domestic or cross-border withholding\ntaxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and\npayable under this Agreement. We will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or\ndeduction for taxes in respect of payments made under this Agreement.  Zoom may change prices at any time, including changing from a free service to a paid service\nand charging for Services that were previously offered free of charge; provided, however, that Zoom will provide you with prior notice and an opportunity to terminate\nYour Account if Zoom changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of\nthe applicable fees and agreed to pay such fees. You agree that in the event Zoom is unable to collect the fees owed to Zoom for the Services through Your Account,\nZoom may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Zoom in\nconnection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Zoom may collect interest at the lesser of 1.5%\nper month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed\nfor any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service\nalready paid for.\n8.\nTERMINATION. The Zoom website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be\neffective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of\ntermination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, Zoom may\nterminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 20, inclusive, shall survive any termination of this Agreement.\nUpon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease\nusing the Services and follow this termination process.\n9.\nPROPRIETARY RIGHTS. Zoom and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service\nmarks, logos, and domain names (“Zoom Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Zoom Marks,\nor other proprietary information (including images, text, page layout, or form) of Zoom without express written consent. You may not use any meta tags or any other\n“hidden text” utilizing Zoom Marks without Zoom’s express written consent.\n10.\nCOPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without\nobtaining the prior written consent of the owner of such proprietary rights. Zoom may deny access to the Services to any User who is alleged to infringe another party’s\ncopyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Zoom as specified here.\n11.\nEXPORT RESTRICTIONS. You acknowledge that the Services, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the\nUnited States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Zoom will provide the U.S.\nexport classification(s) applicable to its Services upon request. You and Your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of\nthe Services or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i)\nYou and Your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions\n(including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and that You and Your End Users will not access or use the Services, or\nexport, re-export, divert, or transfer the Services, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by\npersons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not\npersons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) You and Your\nEnd Users located in China, Russia, or Venezuela are not Military End Users and will not put Zoom’s Services to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no\nContent created or submitted by You or Your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and\nSanctions Laws; and (iv) You and Your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by\nthe U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and\nmonitoring them for any modifications.\n12.\nNO HIGH RISK USE. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of\nnuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH\nRISK environment.\n13.\nINJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical\ninformation or materials related to the Services, may cause irreparable injury to Zoom, its Affiliates, suppliers and any other party authorized by Zoom to resell, distribute,\nor promote the Services (“Resellers”), and under such circumstances Zoom, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond\nor other security, including, but not limited to, preliminary and permanent injunctive relief.\n14.\nNO WARRANTIES.YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS\nEXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR\nREPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF\nANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY,\nSECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH\nTHE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE\nUSE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. ZOOM DOES NOT ASSUME ANY\nRESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ZOOM CANNOT GUARANTEE AND DOES NOT\nPROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.\n15.\nINDEMNIFICATION. You agree to indemnify, defend and hold harmless Zoom, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers\nfrom any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this\nAgreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.\n16.\nLIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOM OR ITS AFFILIATES, SUPPLIERS OR\nRESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT\nLIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR\nDAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER\nSUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ZOOM, ITS AFFILIATES,\nSUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ZOOM’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’\nMAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED\n17.\n\n20.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into\nand to be performed in California by California residents. Except as provided in Exhibit A, the Parties consent to the exclusive jurisdiction and venue of the state courts\nlocated in and serving Santa Clara County, California and the federal courts in the Northern District of California.\n20.2 Contracting Entity. In the event Your Zoom account reflects a bill to/sold to address in India, the contracting entity under these TOS shall be Zoom’s Affiliate, ZVC India\nPvt. Ltd.\n20.3 Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture\nof such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that\nprovision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and\neffect.\n20.4 General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and\nsupersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a\nseparate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the\nextent that any provision of this Agreement conflicts with the terms of such agreement. Zoom may elect to change or supplement the terms of this Agreement from time to\ntime at its sole discretion. Zoom will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within ten (10)\nbusiness days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You. If You do not agree\nwith the changes, You should discontinue using the Services. If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the\nchanges to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional\nterms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement\nhas been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation\npurposes.\n \nExhibit A\nBinding Arbitration\nThis Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.\nTO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING\nRISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.\nAGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If You are located in the United States, You agree to resolve disputes only on an individual basis, through\narbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private\nattorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.\n18.\nPRIVACY AND OTHER POLICIES. Use of the Services is also subject to Zoom’s Privacy Statement, a link to which can be found by selecting “Privacy and Legal Policies”\nin the footer of Zoom’s website. The Privacy Statement, and all policies noticed at www.zoom.us/legal are incorporated into this Agreement by this reference.\nFurthermore, if Your Use of the Services requires Zoom to process any personally identifiable information (“PII” or “Personal Data”) Zoom shall do so at all times in\ncompliance with our Zoom Global Data Processing Addendum https://zoom.us/docs/doc/Zoom_GLOBAL_DPA.pdf is incorporated in these Terms of Service. Additionally,\nYou understand and agree that Zoom may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have\nopted out of receiving marketing communications or notices.\n19.\nMISCELLANEOUS\n20.\nDisputes. A dispute is any controversy between You and Zoom concerning the Services, any software related to the Services, the price of the Services, Your account,\nZoom’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract,\nwarranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Zoom’s intellectual property rights. As part of the best efforts\nprocess to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of\nthe dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to legal@zoom.us.\n1.\nSmall Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred,\nremoved or appealed to a different court, Zoom reserves the right to require arbitration.\n2.\nArbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct\nany arbitration under its Commercial Arbitration Rules. For more information, see adr.org. Arbitration hearings will take place in the federal judicial district of Your primary\nbusiness location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor\nvalid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs\n(including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator\nrules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-\nwide basis or in a representative capacity .\n3.\nArbitration Fees. If You are unable to afford the arbitration costs, Zoom will advance those costs to You, subject to the arbitrator’s determination if costs should be\nreimbursed to Zoom if Zoom prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and\nexpenses.\n4.\nConflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.\n5.\nRequirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or\nnoticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.\n6.\nSeverability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be\nresolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be\nsevered; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the\nsevered provision.\n7.\nAbout\n(https://explore.zoom.us/about)\nZoom Blog (https://blog.zoom.us/)\nCustomers\n(https://explore.zoom.us/customer/all)\nOur Team\n(https://explore.zoom.us/team)\nCareers\n(https://explore.zoom.us/careers)\nIntegrations\n(https://explore.zoom.us/integrations)\nPartners (https://partner.zoom.us/)\nDownload (https://zoom.us/download)\nMeetings Client\n(https://zoom.us/download#client_4meeting)\nZoom Rooms Client\n(https://zoom.us/download#room_client)\nZoom Rooms Controller\n(https://zoom.us/download#room_controller)\nBrowser Extension\n(https://zoom.us/download#chrome_ext)\nOutlook Plug-in\n(https://zoom.us/download#outlook_plugin)\nSales\n(https://explore.zoom.us/contactsales)\n1.888.799.9666 (tel:1.888.799.9666)\nContact Sales\n(https://explore.zoom.us/contactsales)\nPlans & Pricing (https://zoom.us/pricing)\nRequest a Demo\n(https://explore.zoom.us/livedemo)\nWebinars and Events\n(https://zoom.us/events)\nSupport (\nhttps://support.zoom.us/hc/en-\nus)\nTest Zoom (https://zoom.us/test)\nAccount (https://zoom.us/account)\nSupport Center (\nhttps://support.zoom.us/hc/en-us)\nLive Training\n(https://explore.zoom.us/livetraining)\nFeedback (https://zoom.us/feed)\nContact Us\n(https://explore.zoom.us/contact)\nLanguage\nCurrency\nEnglish\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}