Last updated November 1, 2016
Effective November 1, 2016, for new customers and December 1, 2016, for existing customers we’ll be implementing updates to many of the terms and policies that affect you. For our channel customers, such as those customers that purchased a subscription to our products through a reseller, we have made similar changes to our Reseller Customer Terms of Service that will also be effective December 1, 2016.
You may also notice some exciting changes to our legal webpage which can be found here. We invite you to tour our new webpage and review its more intuitive set up to find terms and policies applicable to customers, website visitors and vendors.
We take our responsibilities to our customers seriously and value transparency in our interactions, so we’ve put together this summary of the more significant changes to our terms and policies. We understand it can be tempting to not pay attention to these, but it really is important. Please note that this is also just a summary of the changes. I urge you to review our updated terms and policies carefully to fully understand them.
Finally, you may have already noticed that we have updated our product names and logos. These changes will appear in many places such as in our service orders and on your invoices. Even though certain product names may have changed, you can expect the same great product features and functionalities that you have always enjoyed as a valued Zendesk customer. We invite you to also visit our website found here explaining what’s new.
Here are some key highlights of the changes we have made:
Terms That Apply to Our Services
Once known as our Terms of Service, we now have our MSA which governs the use of all services, as defined in the MSA, which make up the Zendesk family of products. Previously, our Terms of Service contained the concept of “contracting entity” which differentiated the contracting party based on the service(s)/product(s) that were being purchased. However, under the MSA, Zendesk, Inc. is the consolidated selling entity for all our services sold under the MSA.
We have further clarified how we protect your service data (the data you process using our services) by updating Section 3 and including a new set of supplemental terms called, “How We Protect Your Service Data” on this topic. To that end, we are also excited to announce that Zendesk expects to be added to the Department of Commerce’s list of self-certified Privacy Shield participants, confirming that we comply with the Privacy Shield principles for the transfer of European personal data to the United States.
Some of the other major updates in our MSA include:
- In Section 7 we now have consolidated our credit policies. Our credit policy states that credits have no monetary or cash value and can only be used by you to offset your subsequent payments of subscription charges. To the extent that you have been awarded credits, unless the instrument (including any coupon) states an earlier expiration date, credits shall expire and no longer be redeemable twelve (12) months from the date the credit was issued.
- Section 9 now includes representations and warranties from us that during your subscription term: (a) the MSA and the documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of service data; and (b) our services will perform materially in accordance with the applicable documentation.
- Section 17 confirms California as a unified jurisdiction for governing law and venue for disputes arising in connection with all of our products and services purchased under the MSA.
- A new Section 19 has been added where we ask that you represent that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of our employees or agents in connection with the MSA. If you learn of any violation of this policy, we ask that you notify our Legal Department at email@example.com.
You will now notice that we have created Supplemental Terms and Conditions that is included as part of the MSA. These additional terms and conditions address:
- Service-specific terms that apply if you purchase certain services;
- Service data-specific protections that we employ; and
- Consulting services which we may provide and which are no longer require the execution of a separate Consulting Services Agreement.
We also have added new section in 2.8 that prohibits accessing our services if you are a direct competitor of the Zendesk Group, except with Zendesk’s prior written consent. In addition, you may not access our services for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes.
Our new MSA details how we provide and deliver free trials and beta versions of our services. We encourage you to review Section 2.9 if you use our services on a free trial basis, and Section 2.10 if you use a beta version of our services.
Terms That Apply to Our Websites
User Content Guidelines
Section 4 details the restrictions, rules and guidelines that apply to content that users submit to certain areas of our websites such as the publicly accessible blogs, community forums, comments sections, discussion forums, or other features that we collectively refer to as, “Interactive Areas”.
User Conduct Guidelines
Section 5 describes the conduct and use of our websites that is not permitted and for which we reserve the right to suspend your access to our Interactive Areas.
Personal Information That You Provide to Us or That We Collect
Sharing Personal Information
Law Enforcement Requests
Method to Correct, Update and Remove Personal Information
Safe Harbor and Privacy Shield Frameworks
Integration of Services
Cookies Use on our Websites
Thank you for taking the time to read through the summary of these changes to our terms and policies. We are excited to now offer our customers a beautifully simple way of contracting with us for all of our products and services. If you have questions or concerns or ways in which you think we can improve, please let me know at firstname.lastname@example.org.