124 Total
65 High severity
46 Medium severity
13 Low severity

Key Facts

What caps the total aggregate liability arising out of or related to the agreement or the services?
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?
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.
On what basis does Zendesk provide the services?
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?
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.
What period does Zendesk renew the subscription term for?
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?
Zendesk makes all charges non-cancelable and non-refundable, except as expressly stated in the agreement.
When are charges non-cancelable and non-refundable?
Zendesk makes all charges non-cancelable and non-refundable, except as expressly stated in the agreement.
What does Zendesk exclude liability for?
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.
Does Zendesk exclude liability for consequential damages including lost profits and lost data?
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?
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

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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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

Featured, High severity

Complete Provision Index

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

124 provisions
12 featured
19 clause types
65 high severity
General Contract Terms 37 12 high
Show all 37 general contract terms provisions
Platform Discretion 1 1 high
Restricted or Prohibited Content/Industries 1 1 high
Disclosure and Transparency Requirements 1
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Mapped Governance Frameworks

CCPA/CPRA
California, USA
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Connecticut Data Privacy Act Amendments
US-CT
View official text ↗
CAN-SPAM
United States Federal
View official text ↗
DMA
European Union
View official text ↗
ePrivacy Directive
European Union
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FTC Act Section 5
United States Federal
View official text ↗
GDPR
European Union
View official text ↗
Indiana Consumer Data Protection Act
US-IN
View official text ↗
Kentucky Consumer Data Protection Act
US-KY
View official text ↗
Universal Opt-Out Mechanism Expansion 2026
US
View official text ↗
VPPA
United States Federal
View official text ↗
Archival ProvenanceSource & Archival Record
Last Captured July 11, 2026 13:45 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000638
Version ID CA-V-004752
SHA-256 ad77187ab3fa29ea6328dd21e4556f4c93c2d37a21097e73f14eb557afc4482f
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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