124 Total

Key Facts · in the document’s own words

What caps the total aggregate liability arising out of or related to the agreement or the services?
“EXCEPT FOR EXCLUDED CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EACH PARTY AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL IN NO EVENT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES IN THE 12-MONTH PERIOD PRECEDING...”
Version CA-V-004752, captured July 11, 2026 · live source ↗
Our reading, not the document’s words
Zendesk caps the total aggregate liability of each party and its affiliates arising out of or related to the agreement or the services at the amounts paid or payable by the customer for the services in the 12-month period preceding the claim.
What does Zendesk expressly disclaim?
“THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ZENDESK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE...”
Version CA-V-004752, captured July 11, 2026 · live source ↗
Our reading, not the document’s words
Zendesk expressly disclaims all implied warranties, including warranties of performance, merchantability, title, and fitness for a particular purpose, providing the services on an 'as is' and 'as available' basis.
Does Zendesk automatically renew the subscription term?
“Unless either party provides at least 30 days' prior written notice of its intent not to renew, or the Order Form states otherwise, the Subscription Term will automatically renew for an equivalent term and Zendesk may apply then-current rates.”
Version CA-V-004752, captured July 11, 2026 · live source ↗
Our reading, not the document’s words
Zendesk automatically renews the subscription term for an equivalent period and may apply then-current rates unless either party provides at least 30 days' prior written notice of intent not to renew, or the order form states otherwise.
Are all charges cancelable and refundable?
“Charges are non-cancelable and non-refundable, except as expressly stated in this Agreement.”
Version CA-V-004752, captured July 11, 2026 · live source ↗
Our reading, not the document’s words
Zendesk makes all charges non-cancelable and non-refundable, except as expressly stated in the agreement.
What does Zendesk exclude liability for?
“EXCEPT FOR EXCLUDED CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ... WILL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES ... BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA...”
Version CA-V-004752, captured July 11, 2026 · live source ↗
Our reading, not the document’s words
Zendesk excludes liability of either party and their affiliates to the other party for consequential damages including lost profits, lost sales or business, and lost data.
What must the customer defend and indemnify Zendesk against?
“Customer will defend and indemnify Zendesk from and against any third-party claims made against Zendesk or its Affiliates that arise from or relate to: (i) Service Data;”
Version CA-V-004752, captured July 11, 2026 · live source ↗
Our reading, not the document’s words
Zendesk requires the customer to defend and indemnify Zendesk and its affiliates against third-party claims that arise from or relate to the customer's service data.
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Summary
Generated by a model from the captured document; not read by a person

This document sets out the rules for using Zendesk's services: you get a revocable, non-transferable right to use the services for your business, and you keep ownership of your data, but Zendesk makes no performance guarantees and limits how much either side can recover if something goes wrong. Your subscription renews automatically at then-current rates unless you give at least 30 days' written notice, and fees are non-refundable. If you cancel early or Zendesk ends the agreement for cause, you still owe all fees for the rest of your subscription term.

Analysis

The Zendesk Terms of Service establishes the contractual relationship between Zendesk and its customers for access to and use of Zendesk's services. It grants customers a non-exclusive, non-transferable, revocable license for internal business purposes during the subscription term, while retaining Zendesk's right to use service data for the provision, security, and improvement of its products as directed by the customer. The agreement imposes a mutual aggregate liability cap at fees paid or payable in the preceding 12 months, excludes consequential damages for both parties, and disclaims all implied warranties. Customers bear indemnification obligations for third-party claims arising from their service data, responsibility for obtaining all required consents from agents and end users, and full payment obligations through the end of the subscription term regardless of early cancellation or termination.

What this means for you

As a customer, you own your service data but you formally direct Zendesk to use it to improve its products, not just to deliver the service. You are responsible for getting the legally required notices and consents from your own agents and end users before Zendesk processes their data. You cannot store health data in the services without a separate Business Associate Agreement in place. If anything goes wrong, your maximum financial recovery is capped at what you paid Zendesk in the prior 12 months, and you cannot recover lost profits, lost business, or lost data from Zendesk. To avoid automatic renewal at potentially higher rates, you must provide written notice of non-renewal at least 30 days before your current term ends.

Institutional Analysis
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Featured provisions
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Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

124 provisions
12 featured
19 clause types
General Contract Terms 37
Show all 37 general contract terms provisions
Restricted or Prohibited Content/Industries 1
Disclosure and Transparency Requirements 1
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Archival ProvenanceSource & Archival Record
This version captured July 11, 2026 13:45 UTC
Last successful capture October 21, 2026 00:54 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000638
Version ID CA-V-004752
SHA-256 (extracted text, extractor v5) 23c515efe3058de9756d3a9e656403c6e0a7f140d1219968ba0193879df04afc
✓ Snapshot stored Archived-bytes anchor not yet recorded

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