Last Updated: August 2022
- Your Use of the Marketplace
Account Access. To access the Marketplace and Marketplace Content, you must have a Zoom account and log-in credentials. You are responsible for keeping your account details secure and must not share them with anyone else.Access to and Use of the Marketplace and Marketplace Content. You may use the Marketplace to browse, locate, view, use, license, subscribe to, or download Marketplace Content for your mobile, computer, or other supported device. To use the Marketplace, you will need a device that meets the system and compatibility requirements for the relevant Marketplace Content, compatible software, and working Internet access.
Third Party Marketplace Content. Publishers are solely responsible for all aspects of the Publisher Marketplace Content they publish, including functionality, availability, and support, as well as integration with third party software or applications.
Availability of Marketplace Content. Except as otherwise set forth in these Marketplace Terms, Marketplace features and Marketplace Content may become unavailable or be removed at any time and without notice by Zoom or a Publisher and any data stored in connection with such Marketplace Content may be lost or become inaccessible. If your right to use any of Zoom’s other products or services including Marketplace Content is modified, terminated, or suspended under these Marketplace Terms, the Terms, any applicable Publisher Terms, or any other terms applicable to the use of Marketplace Content and/or Zoom’s other products and services, you may be prevented from accessing the Marketplace and any files or Marketplace Content associated with your Zoom account. Marketplace Content and features may not be available at all times or in all regions.
Technical Limitations. Depending on your Zoom account or user type (i.e., Basic, Pro, Business, or Enterprise), your use of the Marketplace and Marketplace Content may be subject to certain technical limitations, such as rate limits for Zoom’s application programming interfaces (“API”) that are used by the Marketplace Content. Learn more about Zoom account types and roles.
Third Party Links. The Marketplace may contain links to third-party websites or resources (“Third-Party Services”). Third-Party Services may be subject to different terms and conditions and privacy practices. Zoom is not responsible or liable for the availability or accuracy of any Third-Party Services, or the content, products, or services (including functionality, availability, and support) of any Third-Party Services. Links to Third-Party Services are not an endorsement by Zoom of such Third-Party Services.
- Use of Marketplace Content
Customer Data Transferred to Publishers. By using or accessing Marketplace Content, your data and information uploaded, posted, transmitted or otherwise made available via the Marketplace or any of Zoom’s other products or services including Marketplace Content, such as messages, files, profile information, text, documents, audio and video files, still images and anything else entered or uploaded (“Customer Data”) may be transferred to and used by Zoom, the applicable Publishers or applicable third party software or applications in connection with your use of Marketplace Content. Zoom is not responsible for Customer Data transferred to a Publisher or third party, or for any transmission, collection, disclosure, security, access, modification, use, or deletion of Customer Data transferred by or through Marketplace Content to Publishers or other third parties. Use of Marketplace Content may require Customer Data to be transferred to the Publisher or third party and by accessing and using the Marketplace Content, you agree to the transfer of Customer Data to applicable Publishers and third parties by Zoom as required for you to access and use the applicable Marketplace Content. For more information about how Zoom collects and uses your information in connection with the Marketplace, please review Zoom’s Privacy Statement.Support. Zoom does not provide support for Publisher Marketplace Content. For any support related needs, you should contact the Publisher directly. Zoom provides support for the Marketplace generally, for Zoom Marketplace Content, and in connection with billing inquiries related to the Marketplace.
- Paid Marketplace ContentAccess. Marketplace content may be offered without charge or may be offered for a fee, which may include a one-time fee, in-app purchases, or subscription fees.
Free Trials. If you have been offered free access to use paid Marketplace Content for any specified periods contained in the offer materials for the applicable Marketplace Content, including any applicable Publisher Terms, you will not be charged to access and use that Marketplace Content except as specified in the offer materials. Zoom or the applicable Publisher will notify you in advance of the date fees will be charged for the applicable Marketplace Content, unless you have agreed to the automatic application of any applicable future fees after the expiration of the free access period at the time you signed up for the free trial. If access to Marketplace Content is provided to you as part of a free trial subscription that will convert to a paid subscription, you must cancel your subscription prior to the date the free subscription converts to a paid subscription, or you will be charged for the paid subscription until you cancel your subscription.
Paid Subscriptions. If you sign up for a paid subscription to use Marketplace Content, you will be required to select a desired subscription plan (a “Subscription Plan”). Zoom or the applicable Publisher may change the fees that are applicable to a Subscription Plan at any time by notifying you in advance of the date the new fees are effective. Updated subscription fees will be effective at the start of the next recurring billing period applicable to the selected Subscription Plan (each, a “Subscription Period”). Except as otherwise provided in a written agreement between you and Zoom, you acknowledge and agree that if you have a paid Subscription Plan, your paid Subscription Plan will automatically renew unless you cancel it or we suspend or terminate it in accordance with these Marketplace Terms.
Billing and Payment. You may purchase Marketplace Content, including Subscription Plans, one-time purchases, in-app purchases through the Marketplace using one of the specified payment methods. We will charge the applicable fees for the applicable Marketplace Content using the payment method that you select. If you pay using ACH direct debit payments, you authorize Zoom to electronically debit your account and, if necessary, electronically credit your account to correct erroneous debits. For Subscription Plans, we will continue to charge your payment account at the beginning of the applicable Subscription Period until you cancel your Subscription Plan. Payments will be processed by a third-party processor, Stripe, Inc., on our behalf. If we are unable to process a payment through the payment account you provide to us, we will notify you and you will have a set period of time to provide us with a valid payment account. If you fail to provide a valid payment account within the applicable time period, we may cancel your right to access the applicable Marketplace Content, including any applicable Subscription Plan. If you have any billing questions related to a Subscription Plan, you may contact us at 888.799.9666.
Indirect Taxes. For any Marketplace Content you purchase, Zoom will add to the applicable fees any required transaction-based taxes or fees that are required to be collected from the purchaser and remitted to any taxing or regulatory authorities, consistent with applicable laws.
Direct/Digital Taxes. The applicable fees for Marketplace Content is net of direct and other digital taxes, including withholding taxes, taxes deducted at source, and other revenue-based taxes. You agree not to withhold or deduct tax on any payment you make to Zoom. As a result, you are ultimately responsible for any direct and other tax cost that in your view is required to be withheld or deducted from the payment.
Refunds. All sales of Marketplace Content are final and, unless otherwise determined by Zoom in its sole discretion, you will not be entitled to a refund following the payment of applicable fees.
Your use of the Marketplace is subject to Zoom’s Privacy Statement. Zoom’s collection, use, and sharing of personal data in connection with the Marketplace and Marketplace Content is described in Zoom’s Privacy Statement.
- Intellectual Property
You acknowledge and agree that the Marketplace and any Zoom Marketplace Content made available through the Marketplace, including all associated intellectual property rights, are the exclusive property of Zoom and/or its licensors or authorizing third-parties. You also acknowledge and agree that Zoom hosts Publisher Marketplace Content appearing on the Marketplace and that nothing provided in these Marketplace Terms will be deemed to create or imply that Zoom owns or creates, in whole or part, or is responsible for any Publisher Marketplace Content that may be provided through the Marketplace. All Publisher Marketplace Content created by a Publisher is the sole responsibility of that Publisher. All trademarks, service marks, logos, trade names, and any other source identifiers of Zoom used on or in connection with the Marketplace are trademarks or registered trademarks of Zoom in the United States and abroad. The appearance of third party trademarks on the Marketplace does not constitute an endorsement, sponsorship or recommendation thereof by Zoom or its affiliates.
- Modification of the Marketplace Terms
Zoom will use commercially reasonable efforts to provide notice to you of any material changes to these Marketplace Terms. Within ten (10) calendar days of posting changes to these Marketplace Terms (or ten (10) calendar days from the date of notice, if such notice is provided), they will be binding on you. If you do not agree with the changes, you should discontinue using the Marketplace and Marketplace Content and terminate these Marketplace Terms immediately as set forth herein. If you continue using the Marketplace and/or Marketplace Content after such ten-calendar-day period, you will be deemed to have accepted the changes to these Marketplace Terms.
Termination by Zoom. Zoom may suspend, limit, or terminate your access to or use of the Marketplace and Marketplace Content, discontinue the Marketplace or any portion or feature thereof, or terminate these Marketplace Terms at any time, for any reason, without notice, liability, or other obligation to you. Zoom will use commercially reasonable efforts to provide notice to you of any of these actions as soon as reasonably practicable and to the extent permitted by applicable law. Upon termination, you shall cease use of the Marketplace and delete, uninstall, and/or otherwise discontinue all use of any Marketplace Content obtained from the Marketplace. Upon termination of your access to purchased Marketplace Content (including subscriptions), you may be entitled to a refund of applicable fees, in whole or in part, as determined by Zoom in its sole discretion.
Termination by You. You may terminate these Marketplace Terms at any time, for any reason, and without notice by: (1) discontinuing all use of the Marketplace, (2) deleting, uninstalling, and/or otherwise discontinuing all use of any Marketplace Content obtained from the Marketplace, and (3) if applicable, canceling all Subscription Plans for purchased Marketplace Content. As set forth in Section 3, no refunds will be provided upon termination. Any new or continued use of the Marketplace or any Marketplace Content will be subject to these Marketplace Terms. In the event you terminate or close your Zoom account, these Marketplace Terms and your use of the Marketplace and all Marketplace Content shall terminate automatically.
- No Warranties
YOU UNDERSTAND AND AGREE THAT THE MARKETPLACE AND MARKETPLACE CONTENT 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 MARKETPLACE OR MARKETPLACE CONTENT, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MARKETPLACE OR MARKETPLACE CONTENT OR THAT THE MARKETPLACE CONTENT WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE MARKETPLACE AND MARKETPLACE CONTENT IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MARKETPLACE OR MARKETPLACE CONTENT IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE MARKETPLACE OR MARKETPLACE CONTENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MARKETPLACE OR MARKETPLACE CONTENT REMAINS WITH YOU. ZOOM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MARKETPLACE OR MARKETPLACE CONTENT.
WITHOUT LIMITING OR ALTERING ANY OTHER OBLIGATIONS BETWEEN YOU AND ZOOM, 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 MARKETPLACE CONTENT OR MARKETPLACE, YOUR VIOLATION OF THESE MARKETPLACE TERMS, 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. ZOOM WILL USE GOOD FAITH EFFORTS TO PROVIDE YOU WITH WRITTEN NOTICE OF AN APPLICABLE CLAIM, SUIT OR ACTION.
By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to Zoom, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Zoom is under no obligation of confidentiality, express or implied, with respect to the Feedback; (c) Zoom shall be entitled to use or disclose your Feedback for any purpose, in any way, in any media, worldwide; (d) Zoom may already be developing a solution or solution component related to the Feedback; and (e) you grant Zoom a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish the Feedback for any purpose, without compensation to you.
- Reporting Copyright Infringement
If you believe that your work has been used in a way that constitutes copyright infringement, you can find information about how to report the infringement at Zoom’s DMCA Notice Policy.
- General Provisions
Assignment. You may not assign these Marketplace Terms, whether by operation of law, change of control, merger, asset sale, or otherwise, without Zoom’s prior written consent. Zoom may assign or transfer these Marketplace Terms, at its sole discretion, without restriction.
Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Marketplace Terms (together with the Terms and any other terms that may be incorporated herein) constitute the entire and exclusive understanding and agreement between Zoom and you regarding the Marketplace, and these Marketplace Terms supersede and replace any and all prior oral or written understandings or agreements pertaining to the Marketplace. The Marketplace Terms may only be updated or modified in writing by Zoom as set forth in these Marketplace Terms.
Survival. Provisions of these Marketplace Terms that, by their terms, require performance after the termination or expiration of these Marketplace Terms will survive, such as the rights and requirements of Sections 7-10.No Waiver. No failure by Zoom to enforce any of its rights related to the Marketplace or to a breach of these Marketplace Terms in a particular situation will act as a waiver of Zoom’s rights.
Severance. If any provision of the Marketplace Terms is judged illegal, invalid, or otherwise unenforceable, that provision shall be severed and the rest of these Marketplace Terms shall remain in full force and effect.
THE FOLLOWING ADDITIONAL SECTIONS (COLLECTIVELY, THE “ZOOM FOR GOVERNMENT TERMS”) APPLY TO YOU ONLY IF YOU ARE USING THE ZOOM FOR GOVERNMENT MARKETPLACE AVAILABLE AT HTTPS://MARKETPLACE.ZOOMGOV.COM.
- The term “Marketplace” refers to the Zoom for Government Marketplace available at https://marketplace.zoomgov.com. The “Zoom Terms of Service” referenced above refers to the Zoom for Government Terms of Service. “Zoom’s Privacy Statement” referenced above refers to the Zoom for Government Privacy Statement.
- If you are affiliated with a public sector entity, you agree that you are compliant with any governmental rules and regulations which may apply to your use of the Marketplace.
- Zoom has not independently evaluated any third-party software, applications, or Marketplace Content that can be accessed via the Marketplace for compliance with FedRAMP, any other cybersecurity standards, including the Cybersecurity Maturity Model Certification, NIST Cybersecurity Framework, or any related requirements. You are solely responsible for verifying any third-party software, applications, platforms, or services that you use in conjunction with any Marketplace Content for compliance with FedRAMP or any other cybersecurity standards.
- Use of Marketplace Content from the Zoom for Government Marketplace may require Customer Data to be transferred outside the Zoom for Government FedRAMP boundary. By accessing and using Marketplace Content from the Zoom for Government Marketplace, you agree to the transfer of Customer Data outside the Zoom for Government FedRAMP boundary, and further agree that you are solely responsible for the security of such data after it is transferred outside the Zoom for Government FedRAMP boundary.
- If these Zoom for Government Terms apply to you, these Zoom for Government Terms shall govern in a conflict between these Zoom for Government Terms and any other provision of the Marketplace Terms.