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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
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.
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.
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.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
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