Zoom Reseller Customer Premier Developer Support Terms of Service
Effective: April 11, 2022
“Order Form” means a written or electronic order form(s) provided by a Reseller and signed by Customer specifying the Support Services Customer has subscribed to. For the avoidance of doubt, Zoom is not a party to any Order Form and any terms therein shall not be binding on Zoom.
2. Premier Developer Support Services.
Subject to Customer’s compliance with these Premier Developer Support Terms, Zoom will provide the Premier Developer Support Services to Customer as described in these Premier Developer Support Terms and the applicable Order Form for the Premier Developer Support Plan subscribed to by Customer.
3. Term and Termination.
a. Term. These Premier Developer Support Terms will remain in effect for the term of Premier Developer Support set forth in the Order Form, provided the Service Agreement remains in effect, unless terminated in accordance with this Section (“Term”).
b. Termination. Zoom may terminate these Premier Developer Support Terms with immediate effect by providing written notice of termination for cause if Customer has breached these Premier Developer Support Terms or the Order Form and has not cured that breach within thirty (30) days after receiving written notice of it.
c. Effect of Termination. In the event of termination pursuant to Section 2(b) (Termination):
i. As of the termination date, Customer’s payment obligations to Reseller for the Premier Developer Support Services provided by Zoom through the termination date will be due. For the avoidance of doubt, Customer will not be credited for any pre-paid amounts for the Premier Developer Support Services.
ii. Termination of these Premier Developer Support Terms will automatically terminate the associated Premier Developer Support Plan in an Order Form(s). All other services listed in that Order Form will continue until the end date of the subscription term.
4. No Warranty; Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PREMIER DEVELOPER SUPPORT SERVICES ARE OTHERWISE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. 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 PREMIER DEVELOPER SUPPORT SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PREMIER DEVELOPER SUPPORT SERVICES, THAT THE PREMIER DEVELOPER SUPPORT SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR THAT THE PREMIER DEVELOPER SUPPORT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF THE PREMIER DEVELOPER SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PREMIER DEVELOPER SUPPORT SERVICES, IS AT CUSTOMER’S SOLE RISK. ZOOM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE PROVISION OF THE PREMIER DEVELOPER SUPPORT SERVICES.
5. Intellectual Property.
a. Zoom Intellectual Property Rights. Zoom owns and will continue to own all intellectual property rights in and to the Premier Developer Support Services, products, features, deliverables, data tools, reports, scripts, sketches, diagrams, text, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes, identifier codes, materials, documentation, instructions, or other technology provided or developed by Zoom (or a third party acting on Zoom’s behalf) under these Premier Developer Support Terms or an Order Form (the “Deliverables”), including modifications, enhancements, improvements or derivative works, regardless of who first conceives or reduces those Deliverables to practice. All rights not expressly granted in these Premier Developer Support Terms are reserved and retained by Zoom and its licensors.
b. Limited License. To the extent any Deliverable is provided by Zoom to Customer in the course of provision of Premier Developer Support Services, Zoom hereby grants Customer, for the sole purpose of Customer’s internal use of that Deliverable, a limited, royalty-free, non-exclusive, non-transferable, revocable, and non-sublicensable license to use that Deliverable to the extent reasonably required for Customer to avail itself of the benefits of the Premier Developer Support Services provided by Zoom under these Premier Developer Support Terms, only for the duration of the Term.
6. Feedback. This Section applies only to the extent the same subject matter is not addressed in the Program and Purchase Terms. For the purposes of these Premier Developer Support Terms, “Feedback” means any interaction that Customer has with the Premier Developer Support Services, whether those interactions (i) are in writing, oral, or electronic; (ii) include Customer’s ideas, improvements, suggestions, and/or proposals; and (iii) are regarding Zoom’s products and services or Customer’s own products and services. Customer acknowledges and agrees that: (a) Customer’s Feedback does not contain any confidential or proprietary information; (b) Zoom is under no obligation of confidentiality or use restriction, express or implied, with respect to the Feedback; (c) Zoom may already be developing a solution related to the Feedback; and (d) Customer grants Zoom a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, commercialize, create derivative works of, incorporate into its products and services, and publish the Feedback for any purpose, without compensation to Customer. Customer acknowledges that it has no rights in or to any product, services, or intellectual property of Zoom as a result of Zoom’s receipt or use of any such Feedback.
a. Updates. Zoom may elect to change or supplement these Premier Developer Support Terms from time to time at its sole discretion. Zoom will exercise commercially reasonable efforts to notify Customer of any material changes to these Premier Developer Support Terms. Except for updates required by law or where the update specifically provides for a different time period, all updates to these Premier Developer Support Terms will take effect ten (10) business days after that update is posted. If Customer continues to receive Premier Developer Support Services after the effective date of the update, then Customer will be deemed to have accepted the update to these Premier Developer Support Terms.
b. Relationship of the Parties. Zoom and Customer are independent contractors, and these Premier Developer Support Terms will not establish any relationship of partnership, joint venture, employment, franchise or agency between Zoom and Customer.
c. Waiver. Failure by Zoom to exercise any of its rights or to enforce any provision of this Premier Developer Support Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. All waivers of any term of these Premier Developer Support Terms will be in writing.
d. Entire Agreement. These Premier Developer Support Terms, and Program and Purchase Agreements (including exhibits and documents incorporated by reference) embody the entire understanding and agreement between Zoom and Customer regarding the Premier Developer Support Services and supersede any and all prior understandings and agreements between the Parties respecting that subject matter.
Developer Support Plans: Description of Services
Zoom provides developers who register for a Zoom account with the Zoom Developer Platform (the “Developer Platform”) – which includes the Zoom APIs and Zoom SDKs (each, a “Developer Product”) – with the following standard support at no additional charge: (i) email support from 9am to 6pm Pacific Time (“Business Hours”; that support, “Email Support”); (ii) certain self-service tools provided by Zoom, such as access to Zoom online documentation and the Zoom Developer Forum.
Developers that have Premier for licenses to Zoom services and qualify as Premier Licensed Developers (defined below) have the option to add on one of the Developer Support Plans for an additional fee. A Developer Support Plan may only apply to one Zoom account and may not be shared between multiple accounts.
Under the different tiers of the Developer Support Plans described in more detail below, Zoom generally provides additional email support availability ( up to 24/7), faster response times, and increased Support Hours up to a maximum number of Support Hours per month. A “Support Hour” means one hour of time that a Zoom Designated Support Agent spends addressing and responding to a support request.
Individuals in the following categories will be eligible to purchase a Developer Support Plan; for Zoom Premier+ Support customers, a Developer Support Plan will be included as part of Premier+ Support services.
Premier Licensed Developers
For the purposes of this Description of Services, “Premier Licensed Developers” means developers in the following categories:
- Customers with a Premier subscription to Zoom services, except for customers who have purchased the following Zoom services: Premier+ Support services, ZoomForGov, and the Zoom Independent Software Vendor (“ISV”) Partner Program (the “Zoom ISV Program”).
- ISV-Integrators: Developers who have published an application in the Zoom Marketplace and have purchased additional business-development services from Zoom, but are not participants in the Zoom ISV Program.
- ISV-Builders: Developers who have executed ISV Partner Agreements with Zoom, pursuant to which they have embedded Zoom into their existing business products and services as a value-added reseller.
Purchasers of a Zoom Premier Support Plan
- Customers who have subscribed to the Zoom Premier Support plan are eligible for a discount on the purchase price of the Developer Support Plans.
- Customers who have subscribed to the Zoom Premier+ Support plan, which currently includes the Gold Developer Support Plan at no additional cost.
Scope of Services
As part of its Developer Support Plans, Zoom will provide developers with access to the following:
1. Standard Developer Support Plan:
a. Email Support during Business Hours.
b. Searchable online documentation provided by Zoom for self-service support.
c. A Developer Forum that developers may search and use to seek answers to common issues and ask questions from other Developers.
d.API Service and Webhook Service status notifications at zoom.us/status.
2. Bronze Developer Support Plan
a. Item 1 above with a target email response time of up to 24 hours (for P1 issues), 48 hours (for P2 issues) and 72 hours (for P3 issues).
b. A maximum of 4 Support Hours per month.
3. Silver Developer Support Plan:
a. Item 1 above with a target email response time of up to 6 hours (for P1 issues), 12 hours (for P2 issues), and 24 hours (for P3 issues).
b. A maximum of 8 Support Hours per month.
4. Gold Developer Support Plan:
a. Item 1 above with a target email response time of 4 hours (P1 issues), 8 hours (P2 issues), and 16 hours (P3 issues).
b. Zoom 24/7 support availability for P1 issues.
c. A maximum of 12 Support Hours per month, which includes both Email Support and live support via Zoom meeting.
A service-level issue: one or more Developer Products is down or its operation is severely degraded, or there is a critical impact to the Zoom Developer Platform due to a fault with the network or other software issue. No workarounds. Examples include failures of Zoom’s transmission services or software functions.
A non-service-level issue localized to one customer.
An issue related to a scheduled service disruption or other event.
Developer Support Hours
In the event that a Customer exceeds the maximum number of Support Hours that corresponds to the purchased tier of their Developer Support Plan for more than one consecutive month, then Zoom may in its discretion : (i) require that the Customer upgrade their Developer Support Plan with Reseller to a tier with a higher maximum number of Support Hours; and/or (ii) may refuse to provide that Customer with additional Support Hours for the remainder of the current month.