Zoom Services Description

Effective: December 8, 2020

 

This Zoom Services Description supplements the Terms of Service (“TOS”),Master Subscription Agreement (“MSA”), or Zoom Reseller Customer Terms of Service and describes the Services that may be ordered on an Order Form or through a Reseller Customer Agreement, or provided by Zoom, and sets forth further Service-specific terms and conditions that may apply to Zoom’s provision and Customer’s use of the Services. Capitalized terms not defined herein shall have the meanings assigned to them in the TOS, MSA, or Zoom Reseller Customer Terms of Service, as applicable.

 

  1. Definitions.  For purposes of this Service Description, the following definitions will apply:
    “Hardware Programs” mean services or programs provided by Zoom that enable customers to procure hardware devices for use with Zoom Meeting Services or Zoom Phone Services subject to separate terms with the equipment manufacturers or otherwise as noted in the separate program terms.

    Host” means an individual who is an identified employee, contractor, or agent of Customer to whom Customer assigns the right to host Meetings.  A Host may hold an unlimited number of Meetings during the Initial Subscription Term or Renewal Term (as applicable), but the number of Meetings a Host may host concurrently shall depend on whether Customer orders a Concurrent Meetings package on an Order Form. A Host subscription may not be shared or used by anyone other than the individual assigned to be a Host.

    Meeting” means a Zoom Video meeting.

    Participant” means an individual, other than the Host, who accesses or uses the Services, with or without the permission and knowledge of the Host.

    Zoom Documentation” means this Zoom Services Description, the Zoom website (www.zoom.us) and any additional description of the Services which may be incorporated into this Agreement.

    Zoom Meeting Services” means the various video conferencing, web conferencing, webinar, meeting room, screensharing, chat, connectors, audio plans, cloud storage, and other collaborative services offered by Zoom Video that Customer may order on an Order Form.

    Zoom Phone Services” means voice connectivity services, including, but not limited to, interconnected VoIP services, provisioning of direct dial numbers, two-way voice calling and private branch exchange (PBX) functionality and related services offered by Zoom Voice Communications, Inc. (“Zoom Voice”) that Customer may order on an Order Form. 

  2. Zoom Meeting Services.  Zoom Meeting Services enable Hosts to schedule and start Meetings and to allow Participants to join Meetings for the purpose of collaborating using voice, video, and screensharing functionality. Every meeting will have at least one Host.  Chat features allow for out-of-session one-on-one or group collaboration. Further features, functionality, and solutions are described at www.zoom.us.
    1. Concurrent Meetings.  The Concurrent Meetings feature enables a Host to host more than one Meeting at a time, subject to the specific limitations of the Concurrent Meetings package Customer may order on an Order Form. 
  3. Zoom for Education (K-12).  Zoom for Education (K-12/Primary and Secondary Schools) allows schools and educators to use Zoom Meeting Services for educational purposes.  Zoom maintains policies and procedures designed to comply with applicable requirements of student privacy laws including, without limitation, GDPR and the Family Educational Rights and Privacy Act (FERPA) and applicable state laws (the “Privacy Laws”).  The Privacy Laws may provide students or their parents with certain rights in their personal information. If you are a parent or student and you have questions about the Privacy Laws or your related rights, please contact your school administration. Zoom will not use any student data for marketing or advertising purposes, or any other commercial purpose, except to provide Services to our School Subscribers.  If you are a “School Subscriber” — typically meaning a school or school district administrator or a teacher — you represent and warrant that you have been duly authorized by your school or school district to create an account, use the Services, and to agree to these contract terms.  You further agree to use your account solely for educational purposes and solely for the benefit of your school or school district and its students.  If you are a School Subscriber subject to U.S. or similar law, you consent, for yourself and your school or school district, to Zoom’s collection, use and sharing of personal information of End Users including those who are children under the age of 13 in accordance with Zoom’s K-12 Schools & Districts Privacy Policy and You instruct Zoom to process the personal data of End Users in accordance with such policy. If you are a School Subscriber subject to GDPR or similar law, you determine the legal basis, means and purposes for processing the data, and instruct Zoom to process personal information of End Users, including those who are children under the age 16, in accordance with Zoom’s K-12/Primary &  Secondary Schools Privacy Statement found at . https://zoom.us/docs/en-us/schools-privacy-statement.html.
    1. Addendum for Connecticut School Subscribers. This Agreement as applied to Connecticut School Subscribers incorporates by reference the Zoom Terms of Service Addendum for Connecticut School Subscribers (“Addendum”) which is designed to comply with the requirements of the Connecticut Act Concerning Student Data Privacy, Conn. Gen. Stat. Ann. § 10-234aa-dd.
  4. Zoom Phone Services. The following sets forth the further terms and conditions that apply to the Zoom Phone Services.
    1. Definitions: For purposes of the Zoom Phone Services, the following definitions apply:
      Device” means the device assigned to a virtual extension or individual digital line set up within an account or by Zoom at Customer’s direction or request.
      Phone Host” means the individual assigned to a number which enables use of the Zoom Phone Service.  A Phone Host is a “Host” for purposes of the definition of End User.
      Zoom Phone Calling Plan” means the pricing structure that enables Phone Hosts and End Users to access the PSTN.  Calling plans may be “Metered” or “Unlimited” as defined on the Order Form.
      Zoom Phone Commitment” means the minimum monthly bundle of minutes that a Zoom Phone Metered Calling Plan Customer commits to use in connection with Zoom Phone Services.
    2. Zoom Phone Service Provider.  Zoom Voice is the provider of Zoom Phone Services and sets the terms, conditions and rates for Zoom Phone Services.
    3. Description of Services.  Zoom Phone Services are cloud-based phone services that use voice over internet protocol (VoIP) to provide Customer with the following services and functionalities (as selected by Customer on an Order Form):
      1. Zoom Phone Service.  Zoom Phone Service is a cloud-based phone service that allows two-way voice calling and private branch exchange (PBX) functionality, and a feature set as described on the zoom.us website. 
      2. Public Switched Telephone Network Communications (PSTN) Access. Phone Hosts and End Users can be enabled to make and receive calls to the PSTN and be assigned a direct inward dialing phone number (DID) via a Zoom Phone Calling Plan.
      3. Bring Your Own Carrier (BYOC).  BYOC allows customers to use the telecommunications provider of their choice to provide PSTN access and inward DID numbers. Zoom provides BYOC customers with software that enables On Net Access and access to a range of Zoom call management features and functions.  BYOC enables customers to (i) have PSTN capability in regions where Zoom does not offer PSTN Access; (ii) maintain relationships with currently deployed carriers; and/or (iii) configure deployments for flexibility and redundancy.  Customer must ensure that its carrier provides all regulated telecommunications services and is responsible for telecommunications regulatory compliance.
      4. Additional Zoom Phone Services.  Additional functionality such as enabling common area phones, and additional Toll Free and DID phone numbers may be purchased as described on the Order Form.
    4. Billing and Invoicing. This Section 4 only applies to Customers purchasing the Zoom Services directly from Zoom. Zoom will bill Customer on behalf of Zoom Voice based on the Charges set forth on the Order Form.  Charges based on usage, or overage amounts that exceed the Zoom Phone Commitment, will be billed in arrears, the month following the month a Charge is incurred.  No adjustment will be made, or credit or refund given, for usage that is less than the Zoom Phone Commitment.
      1. On Net Access.  On Net capability will be provisioned by default for all Zoom Meeting Services.  Phone Hosts may access and use On Net services at no charge for so long as the underlying license to the Zoom Meeting Service remains active.
      2. Taxes.  Customer acknowledges and agrees that Zoom Phone Services are subject to certain Taxes and Fees (including, but not limited to, assessments for universal service) that are not applicable to Zoom Meeting Services. Accordingly, Zoom shall invoice Customer for Taxes and Fees associated with the Charges.
    5. Reasonable Use and Right to Review.   Zoom Voice offers unlimited and metered Phone Calling Plans. These plans are subject to reasonable use limitations.  Zoom Phone Calling Plans are for normal and reasonable business use; unreasonable use is prohibited.  Use of Zoom Phone may qualify as unreasonable if Customer (a) engages in business activities that involve continual, uninterrupted, or consistently excessive use of Zoom Phone Services, (b) makes any misrepresentations to Zoom Voice that materially affect volume or type of use of Zoom Phone Services, (c) engages in fraudulent or illegal use of Zoom Phone Services, including any activity that violates telemarketing laws or regulations, or (d) uses Zoom Phone Services in any manner that harms Zoom Voice’s network or facilities or interferes with the use of the service by other Customers. Use that is inconsistent with the types and levels of usage by typical business customers on the same plan may be used as an indicator of abnormal or unreasonable use, including but not limited to abnormal call lengths; abnormal call frequency; abnormal call duration; abnormal calling patterns that indicate an attempt to evade reasonable use limitations.  Zoom reserves the right to review Customer use to determine if it is reasonable. In the event Zoom Voice determines that You may be engaging in unreasonable use, Zoom Voice will determine the appropriate remedy and will take action to remedy any unreasonable use, including, at its sole discretion, discussing the use with You, moving You to an appropriate Zoom Phone Calling Plan, terminating certain Hosts, and/or otherwise modifying, suspending or terminating Your Zoom Phone services.  
    6. Zoom Emergency Calling (E911) Customer Obligations.  Customer acknowledges and agrees that if Zoom is the emergency service provider, then Customer has read and understood Zoom Voice Communications, Inc.’s Emergency Calling or 911 Customer Notification, found at www.zoom.us/legal. If Zoom is not the emergency service provider, then Customer’s underlying carrier’s emergency service or 911 notification polices apply. Zoom Voice Communications, Inc.’s Emergency Calling or 911 Customer Notification sets forth specific limitations of Zoom Phone’s emergency calling capabilities and Customer’s obligations with respect to its End Users. Such obligations include, but are not limited to:   Such obligations include, but are not limited to:
      1. ensuring that all Phone Hosts receive Zoom Voice’s Emergency Calling or 911 Customer Notification;
      2. ensuring that all assigned phone numbers are registered for emergency calling purposes through the E911 link within Customer’s account, and that all registration information remains accurate and up to date; and
      3. distributing warning stickers or other appropriate labels warning End Users that emergency service may be limited or not available and instructing Phone Hosts to place such stickers on or near the Devices and other equipment used in conjunction with Zoom Phone Services.  

        Zoom Voice reserves the right at any time to update the Zoom Voice Communications, Inc. Emergency Calling or 911 Customer Notification as necessary to reflect changes in law or technology that affect the emergency calling capabilities of Zoom Phone Services, and any such updates shall be effective immediately upon Customer’s receipt of notice.
    7. Equipment.  Except as expressly provided through a Hardware Program, neither Zoom nor Zoom Voice supplies any Devices or other equipment used in connection with the Zoom Phone Services, and accordingly Zoom Voice does not provide any guarantees as to the quality or operability of such Devices and equipment when used to access Zoom Phone Services.  However, Zoom Voice does test certain Devices and equipment to determine whether such Devices and equipment are supported on the Zoom Phone platform (although it has not tested all possible Devices and equipment available in the marketplace).  The summary of Devices and equipment to date that Zoom Voice has determined are supported by the Zoom Phone platform may be provided on request.  Customer should consult with Zoom Voice prior to deploying any other Devices and equipment.
    8. Contract Variations.  In the event that Exhibit A is included in this Zoom Services Description, it identifies, by country, certain terms and conditions that vary from or are in addition to the terms and conditions otherwise set forth in this Services Description and the TOS or MSA (collectively, “Contract Variations”).  Such Contract Variations are incorporated herein by reference and shall govern Zoom’s provision of Zoom Phone Services in the identified countries.
  5. Zoom Rooms.  Zoom Room service is a software defined video conferencing system that allows conference rooms of any size, with minimum compatible hardware, to connect to the Zoom Meeting Service.  Zoom Rooms include conference room specific features such as scheduling display, digital signage, and remote room management.
  6. Hardware Programs. Hardware Programs enable customers to procure hardware products that work with and provide access to Zoom Meeting Services or Zoom Phone services, subject to additional terms and conditions.  A separate license to the Zoom Meeting Services or Zoom Phone Services, as applicable, is required.
    1. HaaS Program.  Zoom’s Hardware-as-a-Service Program (“HaaS Program”) enables customers to sub-lease certain leased devices in conjunction with and for the same subscription term as an associated underlying license for Zoom Meeting Services or Zoom Phone Services.  Additional HaaS Program terms are found here.
    2. Zoom For Home.  The Zoom for Home (“ZfH”) program enables customers to access devices, through a Zoom Meeting Services license, that support remote work, and allows customers to deploy a dedicated personal collaboration device for video meetings, phone calls, and interactive whiteboarding (a “ZfH Device”). Devices offered under the ZfH program are determined in the sole discretion of Zoom.  ZfH is available for use with all Zoom Meeting Services licenses, including Basic, except that use of a ZfH Device in a shared space in a commercial office environment requires a Zoom Rooms license.  Zoom reserves the right to suspend or terminate a Customer’s access to the Services in connection with any violation of this provision.  ZfH Devices and use of the ZfH program may be subject to additional terms and conditions specified on an Order Form.  Zoom acts as a payment collection agent for the ZfH Device manufacturer or distributor (“ZfH Distributor”), and is not a seller, distributor or reseller of any hardware component or device.  The ZfH Distributor is solely responsible for all obligations, including availability, fulfillment, delivery and warranties regarding the device, except as specified below.
      1. Warranties.  All warranties and warranty information are provided by the ZfH Distributor and not by Zoom. Please refer to the ZfH Distributor’s website for more information.  Zoom is not responsible for ZfH Device warranties.
      2. Returns and Refunds. All returns are subject to the ZfH Distributor’s return policy, and must by authorized by the ZfH Distributor prior to processing a return. Any ZfH Device may be returned within the first thirty (30) days following delivery for a refund.  After thirty (30) days, only defective devices may be returned.  Refunds will be processed by Zoom only after the ZfH Distributor has notified Zoom that the ZfH Device has been returned, inspected and accepted as a return.  Refunds will be reduced by any restocking fees applicable to the transaction.  Zoom or the ZfH Distributor will notify Customer if a return is rejected.
      3. Return Procedure.  Customer may contact Zoom or the ZfH Distributor to request a return.  Zoom and the ZfH Distributor will review the return request and, if eligible, will authorize the return.  Please refer to the ZfH Distributor’s website for more information on return policies and qualification and requirements for return authorization.
      4. Customer’s Obligation to Inspect Delivery and Notify of Nonconformity. Customer shall inspect each delivery of the ZfHDevice received from the ZfH Distributor without undue delay and notify Zoom or the ZfH Distributor if any items are damaged. 
      5. Shipping Delays. Customer acknowledges that certain shipments may be delayed due to circumstances beyond Zoom’s or the ZfH Distributor’s reasonable control.  In no event shall Zoom or the ZfH Distributor be responsible for any damages associated with shipping delays.
      6. Access to Customer Data.  Customer acknowledges that the ZfH Distributor will be fulfilling any order for a ZfH Device, and expressly authorizes Zoom to disclose Customer Data to the extent necessary to complete the transaction.
  7. Zoom for Government.  Zoom for Government is the Zoom Meeting Services and Zoom Phone Services offered by Zoom in a FedRAMP-compliant cloud environment. Zoom for Government enables customers to leverage a limited version of the Services in a separate, FedRAMP-compliant cloud environment hosted in Amazon Web Services Government Cloud and Zoom’s collocated data centers (e.g. in San Jose, CA and New York), independent of the Zoom’s standard commercial cloud environment.  Further features, functionality, and solutions are described at https://www.zoomgov.com/.  Zoom Meeting Services and Zoom for Government are independent environments and, therefore, data cannot be exchanged between them including, without limitation, instant messaging data or chat data.
    1. FedRAMP Security Features.  Zoom for Government is authorized as a FedRAMP Moderate ATO.  TLS 1.2 or greater is required. 
  8. Zoom Marketplace. The Zoom Marketplace, available at https://marketplace.zoom.us, is a site hosted by Zoom to provide access to applications (the “Apps”) created by third party developers (“Publishers”) that are interoperable with Zoom Services, and make them available from both mobile and desktop client apps. Access to and use of the Zoom Marketplace and Zoom for Developers (available at https://developer.zoom.us) sites are governed by separate terms and conditions available at https://zoom.us/service.  Besides testing for compatibility with Zoom, Zoom does not perform any other testing and does not warrant or support the Apps.  Publishers are solely responsible for all aspects of the Apps they publish, including content, functionality, availability and support.  Publishers are required to provide their own terms of service, privacy policy and support information (“Publisher Terms”).  Customers who access or download Apps must enter into Publisher Terms directly with the Publisher.  Zoom is not responsible for the Apps, their content, functionality, availability, or support.  Apps are hosted AS IS and use of the Apps is at Customer’s own risk, subject to the Publisher Terms.  Apps may become unavailable or be removed by a Publisher at any time and any data stored in them may be lost or become inaccessible.  Zoom is not responsible for Customer Data transferred to a Publisher, or for any transmission, collection, disclosure, security, modification, use or deletion of Customer Data by or through an App.  Publishers may use Customer Data as permitted in the Publisher Terms.  Use of the Apps may require Customer Data to be transferred to the Publisher and by accessing and using the App, Customer consents to the transfer of Customer Data by Zoom as required by the Publisher.  Zoom does not support the Apps.  Customer should contact the Publisher for support or questions.  Zoom makes no representations and disclaims all warranties, express or implied, regarding Apps and reserves the right to remove an App from the Marketplace at any time, in its sole discretion.
  9. Managed Domains. Zoom permits Customers to reserve domains associated with their enterprise and to manage any accounts that are subscribed to Zoom using that domain (“Managed Domain Customer”).  Customer may only associate to the Zoom Services domain(s) that they own or are legally entitled to associate for use with the Services.   In the event that a Zoom account is created or exists on the reserved domain, but is not authorized by the Managed Domain Customer (the “Non-Managed Domain Account”), the person using or creating such Non-Managed Domain Account will be notified that the domain is reserved for the Managed Domain Customer and will be requested to change the domain associated with the Non-Managed Domain Account.  If the person using or creating such Non-Managed Domain Account does not change the domain within the period specified, that person will be deemed to have consented to the Non-Managed Domain Account being added to the Managed Domain Customer and to have further consented for all data associated with the Non-Managed Domain Account to be shared with the Managed Domain Customer.