ZOOM Service -End User Service Agreement
IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE ANDPRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF ZOOM VIDEO COMMUNICATIONS, INC. AND ITS AFFILIATES (“ZOOM”) IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
System 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 obtaining 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 may 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 changed from time to time, are Your responsibility.
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 definitions are found in Exhibit A.
“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 Agreement, “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 cause the direction of the management and set the policies of such entity.
“End User” means a Host or Participant (as defined in Exhibit A) who uses the Services.
“Initial Subscription Term” means the initial subscription term for a Service as specified in the Reseller Customer Agreement.
“Service Effective Date” means the date an Initial Subscription Term begins as specified in the Reseller Customer Agreement.
“Renewal Term” means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in the Reseller Customer Agreement.
2. APPLICABILITY AND SCOPE.
These Zoom Reseller Customer Terms of Service and all content expressly incorporated herein (this “Agreement”) apply to those customers of an authorized reseller of the Services that have agreed to this Agreement in connection with ordering the Services from or through such reseller. For such customers, this Agreement applies with respect to all Services ordered or provided under the Reseller Customer Agreement (as defined below).
3. THE RESELLER CUSTOMER AGREEMENT.
On the first occasion that You perform any of the following acts, You thereby enter into a legally-binding contract with the non-Zoom entity(ies) from/through which You order the Services (“Reseller”) that shall govern all ordering, acquisition, accessing, and use of Services (the “Reseller Customer Agreement”): (a) entering into an agreement, order, or other document that incorporates this Agreement of or otherwise agreeing to or accepting this Agreement; or (b) accessing or using any Services after being notified that this Agreement applies to such Services or to such accessing or use thereof. The Reseller Customer Agreement shall include all terms and conditions between You and Reseller related to the ordering, acquisition, accessing, or use of the Services (including without limitation this Agreement) and all orders of Services entered into or placed by You or on Your behalf, each of which shall be subject to this Agreement. For avoidance of doubt, any transaction, dealing, or relationship between You and the Reseller – and any terms, conditions, documents, materials, or other content agreed to or entered into by, or otherwise applicable to, You and the Reseller – that are unrelated to the Services or the ordering, acquisition, accessing, or use thereof (e.g., Your ordering from Reseller goods or services other than the Zoom Services) (each such transaction, document, etc., an “Extraneous Agreement”) shall be outside of the scope of the Reseller Customer Agreement, and this Agreement shall not govern or apply to any such Extraneous Agreement. The individual who agrees to or accepts this Agreement represents and warrants to Zoom and Reseller that he or she has the authority to bind himself or herself, or the entity such individual represents, to the Reseller Customer Agreement and this Agreement. IF SUCH INDIVIDUAL DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE TO THIS AGREEMENT, THEN HE/SHE SHOULD NOT ACCEPT THIS AGREEMENT, ENTER INTO ANY ORDER, OR ORDER, ACCESS, OR USE THE SERVICES OR AUTHORIZE OR PERMIT ANY OTHER PERSON TO DO SO.
Zoom will provide the Services, and you may access and use the Services, in accordance with this Agreement and the Reseller Customer Agreement. Zoom will provide standard updates to the Services that are made generally available by Zoom during the term. Zoom may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice
a. Beta 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 additional agreements. Zoom makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta 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 risk.
5. USE 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 End 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 limited to Laws related
to recording, intellectual property, privacy and export control. Use of the Services is void where
a. Registration 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 information 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 name and password and agree not to disclose such to any
b. Your 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 and 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 and 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 not 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 using 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 Content. 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 violates 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 through,
c. Recordings. You are responsible for compliance will all recording laws. The host can choose to
record Zoom meetings and Webinars. By using the Services, 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 will 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
d. Prohibited 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 of, 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, interferes 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 the 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 any
features, functions or graphics of the Services; or (vi) use the Services to communicate any
message or material that is harassing, libelous, threatening, obscene, indecent, 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 conduct 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 intended 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 from 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, disable, 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) use 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-terrorism
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 with all such laws and regulations.
e. Limitations 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 specifically 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 any 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 Services or use the Services for the development, production or marketing of a
service or product substantially similar to the Services.
6. RESPONSIBILITY 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 that 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 aware of
any violation of this Agreement in connection with use of the Services by any person, please contact
Zoom at email@example.com. Zoom may investigate any complaints 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 the 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
Services, 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, or denial of access to any data or
7. ZOOM OBLIGATIONS FOR CONTENT.
Zoom will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or
access to Content, in accordance 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 (a) as provided
to perform its obligations under this Agreement; or (d) as required by Law. Zoom has no other obligations
with respect to Content.
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, representations, 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 believe that You are under the age of 16 or are otherwise ineligible.
9. INTENDED 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 the 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 defined in Exhibit A) using Zoom
for Education (K-12). Individuals under the age of 16 may not create accounts or use the Services except
as described herein.
10. PROPRIETARY RIGHTS.
Zoom and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in
all trade names, trademarks, service marks, 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,
or 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 “hidden text” utilizing Zoom Marks without
Zoom’s express written consent.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of
publicity or other proprietary rights without obtaining 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 copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed,
please notify Zoom as specified here.
If You fail to comply with any provision of this Agreement, Zoom may terminate this Agreement
immediately and Zoom, or the applicable Reseller, may retain any fees previously paid by You and no
refunds or credits shall be given. In addition, the Reseller Customer Agreement shall automatically and
immediately terminate upon termination of this Agreement for any reason. Where the Reseller Customer
Agreement automatically terminates in connection with termination of this Agreement by Zoom, the
Reseller Customer Agreement shall be deemed and considered to have been terminated by Reseller
under and in accordance with the immediately preceding sentence (i.e., to have been terminated by
Reseller for Your breach of the Reseller Customer Agreement).
a. Effect of Termination. Any terms and conditions of this Agreement that by their nature or
otherwise reasonably should survive termination of this Agreement shall survive any termination
of this Agreement. Upon any termination of this Agreement, You must cease any further use of
the Services and destroy any copies of associated software within Your possession and control.
You will not destroy or attempt to harm any Services or associated software on Zoom’s servers or
13. EXPORT RESTRICTIONS.
You acknowledge that the Services, or portion thereof may be subject to the export control laws of the
United States and other applicable country export control and trade sanctions laws (“Export Control and
Sanctions Laws”). You and your End Users may not access, use, export, re-export, divert, transfer or
disclose any portion of the Services or any related technical information or materials, directly or indirectly,
in violation of any applicable export control or trade sanctions law or regulation. You represent and
warrant that (i) You and your End Users are not citizens of, or located within, a country or territory that is
subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba,
Iran, North Korea, Syria, and the Crimea) and that you and your End Users will not access or use the
Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (ii) You
and your End Users are not identified on any U.S. government restricted party lists (including without
limitation the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons
and Foreign Sanctions Evaders List, the U.S. Department of Commerce’s Denied Parties List, Entity List,
and Unverified List, and the U.S. Department of State proliferation-related lists); and (iii) that no Content
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 Laws. You are solely responsible for complying
with the Export Control Laws and monitoring them for any modifications.
14. NO HIGH RISK USE.
The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls,
including without limitation operation of nuclear 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
15. INJUNCTIVE RELIEF.
You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing,
copying or disclosure of technical information 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, or
promote the Services (“Resellers”), and under such circumstances Zoom, its Affiliates, suppliers and
Resellers will be entitled to equitable relief, without posting bond or other security, including, but not
limited to, preliminary and permanent injunctive relief.
16. NO WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND ZOOM, ITS
AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZOOM,
ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,
REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR
SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
ZOOM DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION
OR COMMUNICATIONS BETWEEN USERS. ZOOM CANNOT GUARANTEE AND DOES NOT
PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
You agree to indemnify, defend and hold harmless Zoom, its affiliates, officers, directors, employees,
consultants, agents, suppliers and Resellers from 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 Agreement 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.
18. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOM OR ITS
AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO
PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT
(INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ZOOM, ITS
AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, ZOOM’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM
CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR
RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR
CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.
19. AGREEMENT 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 arbitration pursuant to the provisions of Exhibit B.The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
20. PRIVACY AND OTHER POLICIES.
referencebundleRenderer.renderToStreamFurthermore, 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
compliance with our Zoom Global Data Processing
Addendum https://zoom.us/docs/doc/Zoom_GLOBAL_DPA.pdf, which is incorporated in this Agreement.
Additionally, You 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 opted out of receiving
marketing communications or notices.which is incorporated in this Agreement. Additionally, You
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 opted out of receiving marketing
communications or notices.
21.1 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 and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Santa Clara County, California and the federal courts in the Northern District of California.
21.2 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 of 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 provision 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
21.3 General Provisions: This Agreement embodies the entire understanding and agreement between
the Parties respecting the subject matter of this Agreement and supersedes any and all prior
understandings and agreements between the Parties respecting such subject matter, except for the
Reseller Customer Agreement. Zoom may elect to change or supplement the terms of this Agreement
from time to time 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) business 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 with 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 changes 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 terms and conditions.
Unless expressly set forth in such additional terms and conditions, those additional terms are hereby
incorporated into this Agreement. This Agreement has 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
Terms of Service: Exhibit A
This Exhibit A to the Zoom Reseller Customer Terms of Service describes the Services that may be
ordered through a Reseller Customer Agreement, or provided by Zoom, and sets forth further Servicespecific terms and conditions that may apply to Zoom’s provision and Customer’s use of the Services.
Capitalized terms not defined herein shall have the meanings assigned to them in the Zoom Reseller
Customer Terms of Service.
You acknowledge and agree that particular Resellers may be prohibited from selling some of the
Services, either altogether or only in certain territories. That all Zoom Services are listed in this Exhibit A
does not entitled all Resellers to sell such Services to You.
A. Definitions. For purposes of this Service Description, the following definitions will apply:
“Host” means an individual who is an identified employee, contractor, or agent of Customer to
whom Customer assigns the right to host Meetings. A Host may hold an unlimited number of
Meetings, but only one Meeting at a time. A Host subscription may not be shared or used by
anyone other than the individual assigned to be a Host.
“Meeting” means a Zoom Video meeting.
“Participant” means an individual, other than the Host, who accesses or uses the Services, with
or without the permission and knowledge of the Host.
“Zoom Documentation” means this Exhibit, the Zoom website (www.zoom.us) and any
additional description of the Services which may be incorporated into this Agreement.
“Zoom Meeting Services” means the various video conferencing, web conferencing, webinar,
meeting room, screensharing and other collaborative services offered by Zoom Video that
Customer may order through the Reseller Customer Agreement.
“Zoom Phone Services” means voice connectivity services, including, but not limited to,
interconnected VoIP services, provisioning of direct dial numbers, and related services offered by
Zoom Voice Communications, Inc. (“Zoom Voice”) that Customer may order through the Reseller
B. Zoom Meeting Services. Zoom Meeting Services enable Hosts to schedule and start Meetings
and to allow Participants to join Meetings for the purpose of collaborating using voice, video, and
screensharing functionality. Every meeting will have one Host. Chat features allow for out-ofsession one-on-one or group collaboration. Further features, functionality, and solutions are
described at www.zoom.us.
C. Zoom for Education (K-12). Zoom for Education (K-12) allows schools and educators to use
Zoom Meeting Services for educational purposes. Zoom maintains policies and procedures
designed to comply with applicable requirements of student privacy laws including, without
limitation, GDPR and the Family Educational Rights and Privacy Act (FERPA) and applicable
state laws (the “Privacy Laws”). The Privacy Laws may provide students or their parents with
certain rights in their personal information. If you are a parent or student and you have questions
about the Privacy Laws or your related rights, please contact your school administration. Zoom
will not use any student data for marketing or advertising purposes, or any other commercial
purpose, except to provide Services to our School Subscribers. If you are a “School Subscriber”
— typically meaning a school or school district administrator or a teacher — you represent and
warrant that you have been duly authorized by your school or school district to create an account,
use the Services, and to agree to these contract terms. You further agree to use your account
solely for educational purposes and solely for the benefit of your school or school district and its
students. If you are a School Subscriber subject to U.S. or similar law, you consent, for yourself
and your school or school district, to Zoom’s collection, use and sharing of personal information of
End Users including those who are children under the age of 13 in accordance with Zoom’s K-12
Users in accordance with such policy. If you are a School Subscriber subject to GDPR or similar
law, you determine the legal basis, means and purposes for processing the data, and instruct
Zoom to process personal information of End Users, including those who are children under the
D. Zoom for Government. Zoom for Government is the Zoom Meeting Services offered by Zoom in
a FedRAMP-compliant cloud environment. Zoom for Government enables customers to leverage
a limited version of the Zoom Meeting Services in a separate, FedRAMP-compliant cloud
environment hosted in Amazon Web Services Government Cloud and Zoom’s collocated data
centers (e.g. in San Jose, CA and New York), independent of the Zoom’s standard commercial
cloud environment. Further features, functionality, and solutions are described
at zoom.us/government. Zoom for Government currently does not include availability of cloud
recordings and cloud recording transcriptions, though Zoom may continue to develop feature
parity between Zoom Meeting Services and Zoom for Government. In addition, Zoom does not
presently offer its Zoom Phone Services or Zoom Marketplace as FedRAMP compliant. Zoom
Meeting Services and Zoom for Government are independent environments and, therefore, data
cannot be exchanged between them including, without limitation, instant messaging data or chat
1. FedRAMP Security Features.Zoom for Government is authorized as a FedRAMP
Moderate ATO. TLS 1.2 or greater is required. Noted security features include, without
limitation, secure socket layer (SSL) encryption, AES 256-bit encryption, role-based user
security, watermark screenshots, firewall compatibility, password-protected meeting
option. Zoom for Government also supports single sign-on (SSO) with SAML, OAuth, or
i. FedRAMP Security Features.Zoom for Government is authorized as a
FedRAMP Moderate ATO. TLS 1.2 or greater is required. Noted security
features include, without limitation, secure socket layer (SSL) encryption, AES
256-bit encryption, role-based user security, watermark screenshots, firewall
compatibility, password-protected meeting option. Zoom for Government also
supports single sign-on (SSO) with SAML, OAuth, or ADFS.
ii. FedRAMP Security Features.Zoom for Government is authorized as a
FedRAMP Moderate ATO. TLS 1.2 or greater is required. Noted security
features include, without limitation, secure socket layer (SSL) encryption, AES
256-bit encryption, role-based user security, watermark screenshots, firewall
compatibility, password-protected meeting option. Zoom for Government also
supports single sign-on (SSO) with SAML, OAuth, or ADFS.
E. Zoom Marketplace. The Zoom Marketplace, available at https://marketplace.zoom.us, is a site
hosted by Zoom to provide access to applications (the “Apps”) created by third party developers
(“Publishers”) that are interoperable with Zoom Services, and make them available from both
mobile and desktop client apps. Access to and use of the Zoom Marketplace and Zoom for
Developers (available at https://developer.zoom.us) sites are governed by separate terms and
conditions available at https://zoom.us/service. Besides testing for compatibility with Zoom, Zoom
does not perform any other testing and does not warrant or support the Apps. Publishers are
solely responsible for all aspects of the Apps they publish, including content, functionality,
availability and support. Publishers are required to provide their own terms of service, privacy
policy and support information (“Publisher Terms”). Customers who access or download Apps
must enter into Publisher Terms directly with the Publisher. Zoom is not responsible for the Apps,
their content, functionality, availability, or support. Apps are hosted AS IS and use of the Apps is
at Customer’s own risk, subject to the Publisher Terms. Apps may become unavailable or be
removed by a Publisher at any time and any data stored in them may be lost or become
inaccessible. Zoom is not responsible for Customer Data transferred to a Publisher, or for any
transmission, collection, disclosure, security, modification, use or deletion of Customer Data by or
through an App. Publishers may use Customer Data as permitted in the Publisher Terms. Use of
the Apps may require Customer Data to be transferred to the Publisher and by accessing and
using the App, Customer consents to the transfer of Customer Data by Zoom as required by the
Publisher. Zoom does not support the Apps. Customer should contact the Publisher for support or
questions. Zoom makes no representations and disclaims all warranties, express or implied,
regarding Apps and reserves the right to remove an App from the Marketplace at any time, in its
F. Managed Domains. Zoom permits Customers to reserve domains associated with their
enterprise and to manage any accounts that are subscribed to Zoom using that domain
(“Managed Domain Customer”). Customer may only associate to the Zoom Services domain(s)
that they own or are legally entitled to associate for use with the Services. In the event that a
Zoom account is created or exists on the reserved domain, but is not authorized by the Managed
Domain Customer (the “Non-Managed Domain Account”), the person using or creating such NonManaged Domain Account will be notified that the domain is reserved for the Managed Domain
Customer and will be requested to change the domain associated with the Non-Managed Domain
Account. If the person using or creating such Non-Managed Domain Account does not change
the domain within the period specified, that person will be deemed to have consented to the NonManaged Domain Account being added to the Managed Domain Customer and to have further
consented for all data associated with the Non-Managed Domain Account to be shared with the
Managed Domain Customer.
This Exhibit B to the Zoom Reseller Customer Terms of Service describes the further provisions which
apply to the Binding Arbitration and Class Action Waiver.
A. Disputes. 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, Zoom’s advertising,
marketing, or communications, Your purchase transaction or billing, or any term of this
Agreement, under any legal theory including contract, warranty, 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 process 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 the
dispute, what efforts have been made to resolve it, and what the disputing party is requesting as
resolution, to firstname.lastname@example.org.
B. Small 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, removed or appealed to a
different court, Zoom reserves the right to require arbitration.
C. Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved
through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration
under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration
hearings will take place in the federal judicial district of Your primary business location. A single
arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b)
follow applicable statutes of limitations; (c) honor valid 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 (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 rules 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-wide basis or in a representative capacity .
D. Arbitration 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 reimbursed 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 expenses.
E. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s
Commercial Arbitration Rules.
F. Requirement 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 noticed for arbitration
within one year of when it could first be filed, or such claim will be permanently barred.
G. Severability. 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 resolved in court, with the
balance resolved through arbitration. If any provision of this Exhibit B is found to be illegal or
unenforceable, then that provision will be severed; 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 severed provision.