Thank you for using the Zoom App Marketplace (“Marketplace”), available at https://marketplace.zoom.us, a service provided by Zoom Video Communications, Inc., and its affiliates (“Zoom”, “we”, “us”, or “our”).  The Marketplace is where Zoom, in its sole discretion, makes certain apps, digital media, content, video, and other tools and services (collectively, “Marketplace Content”) available for use by Zoom customers.

 

By accessing and using the Marketplace or Marketplace Content, you accept and agree to be bound by (1) these Zoom App Marketplace Terms of Use (“Marketplace Terms”); and, (2) the Zoom Terms of Service or Master Subscription Agreement, as applicable (respectively, the “Terms”), which are incorporated herein by reference.  In the event of a conflict between the Marketplace Terms and the Terms, the Marketplace Terms will control with respect to your use of the Marketplace.  If you are accepting the Marketplace Terms on behalf of an entity, you represent that you have the authority to do so.  References to "you" or "your" are to you in your individual capacity or to your organization, as applicable. Defined terms used, but not defined herein shall have the meanings ascribed to them in the Terms.

 

  1. 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. Marketplace Content and features may not be available at all times or in all regions.

 

Third Party Marketplace Content.  Marketplace Content may be offered by Zoom for integration with third party software or applications, or made available by third party publishers not affiliated with Zoom (“Publisher”). Publishers are solely responsible for all aspects of the Marketplace Content they publish, including functionality, availability, and support. 

 

Availability of Marketplace Content.  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 use of the Zoom Services is modified, terminated, or suspended, you may be prevented from accessing the Marketplace and any files or Marketplace Content associated with your account.

 

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”). Such 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 such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Zoom of such Third-Party Services.

 

  1. Use of Marketplace Content

 

Your Agreements with Third Parties.  Publishers are required to provide their own terms of service, privacy policy, and support information (“Publisher Terms”) with respect to any Marketplace Content they publish on the Marketplace. Your use of such Publisher Marketplace Content will be subject to the Publisher Terms and we encourage you to read them carefully. Marketplace Content developed by Zoom for integration with a third party’s software or applications may also be subject to the third party’s terms and privacy policies governing use of their software or application.

 

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 and Services, including 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 the Publishers or to 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.   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 such parties by Zoom as required. 

 

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 Marketplace Content created by Zoom.

 

  1. Privacy

 

The Marketplace is a Zoom Service and 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.

 

  1. Intellectual Property

 

You acknowledge and agree that the Marketplace and any Marketplace Content created by Zoom 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 the Marketplace Content of, any Publisher Marketplace Content that may appear pursuant to a license on the Marketplace. Any Marketplace Content created by a Publisher is the sole responsibility of that Publisher. See Section 11 for how to report infringing Marketplace Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Zoom used on or in connection with the Marketplace or Services 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.

  1. Modification of the Marketplace Terms

Zoom will exercise 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 this agreement immediately pursuant to Section 6. 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.

 

  1. Termination

 

Termination by Zoom.  Zoom may suspend, limit, or terminate your access to or use of the Marketplace and 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 such 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 Content obtained from the Marketplace.

 

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, and (2) deleting, uninstalling, and/or otherwise discontinuing all use of any Content obtained from the Marketplace.  Any new or continued use of the Marketplace or Content will be subject to the Marketplace Terms. In the event you terminate or close your Account with Zoom, this agreement and your use of the Marketplace shall terminate automatically.

 

  1. No Warranties

 

YOU UNDERSTAND AND AGREE THAT THE MARKETPLACE AND 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 CONTENT, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MARKETPLACE OR CONTENT OR THAT THE CONTENT WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE MARKETPLACE AND CONTENT IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MARKETPLACE OR 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 CONTENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MARKETPLACE OR CONTENT REMAINS WITH YOU. ZOOM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MARKETPLACE OR CONTENT.

 

  1. INDEMNIFICATION

 

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 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 SUCH CLAIM, SUIT OR ACTION.

 

  1. Feedback

 

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 such 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.

 

  1. 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.

 

  1. 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 any terms 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 Section 5.

 

Survival. Provisions of these Marketplace Terms that, by their terms, require performance after the termination or expiration of these 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 such 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.