Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
This review of Zendesk's Terms of Use highlights several key concerns:
1. Zendesk can change the terms at any time, and your continued use implies acceptance (risk_flags-1).
2. Use of the websites is at your sole risk, with no guarantees of uninterrupted or error-free service (risk_flags-2).
3. The company has significant limitations on its liability for various damages, including personal injury, data loss, and lost profits (risk_flags-3).
4. Zendesk disclaims liability for the conduct of other users and unauthorized access to your personally identifiable information (risk_flags-4).
5. By submitting content, you grant Zendesk a perpetual, royalty-free, and irrevocable license to use your content without payment (risk_flags-5).
6. You are solely responsible for your use of interactive areas and content you post, and liable for any copyright infringement (data_use-1, gotchas-1).
7. The company is not responsible for the accuracy or credibility of user-generated content, nor for actions you take based on it, exposing you to potential harm from offensive or deceptive content and risky interactions (data_use-2).
8. Zendesk can monitor, screen, edit, or remove your content at any time without notice, and you are responsible for backing it up (data_use-3).
9. Your access can be terminated or suspended at any time without notice, particularly if your conduct is deemed unacceptable or you breach the terms (cancellation_renewal-1).
10. You must indemnify Zendesk against claims and expenses, including attorneys' fees, arising from your use of the websites (gotchas-2).
90% confidence
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Risk Flags
5 findings
Critical issues that need attention. These are often indicators of potential one-sided terms, limited liability from the provider, or significant mandatory waivers for the user.
high95% confidence
Unilateral Changes to Terms at Any Time
Zendesk may modify the Terms of Use, including adding or removing terms, at any time, with modifications effective immediately upon posting. Your continued use of the Websites after such posting signifies your acceptance of these changes.
Why it matters: The company can change the terms of service at any time without direct notification, and your continued use of the website signifies your acceptance of these changes, potentially binding you to new conditions without explicit consent.
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
Website Terms of Use, paragraph 4 · Citation strength: strong
high95% confidence
Disclaimer of Warranties
Use of the websites is at your sole risk, and the Zendesk Group does not warrant that use will be uninterrupted or error-free. They do not make any warranty as to the results or the accuracy, reliability, or content of any information, service, or merchandise provided through the websites.
Why it matters: You bear the entire risk for using the websites, and the company does not guarantee uninterrupted service, error-free operation, or the accuracy and reliability of any content or services offered.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE ZENDESK GROUP, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
Website Terms of Use, paragraph 23 · Citation strength: strong
high95% confidence
Limitations on Liability for Damages
To the fullest extent permitted by law, Zendesk is not liable for personal injury, property damage, lost profits, data loss, work stoppage, computer failure, or any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from the use of the websites.
Why it matters: The company significantly limits its liability for a wide range of potential damages, including personal injury, data loss, and lost profits, even if they were aware of the possibility of such losses.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ZENDESK GROUP, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED
Website Terms of Use, paragraph 25 · Citation strength: strong
high95% confidence
Disclaimer of Liability for User Conduct and Unauthorized Access to PII
Zendesk is not liable for defamatory, offensive, or illegal conduct of other users or third parties. They also disclaim all liability for any unauthorized access to or use of your personally identifiable information.
Why it matters: You are not protected against harm caused by the conduct of other users or third parties on the platform, and the company disclaims responsibility if your personally identifiable information is accessed or used without authorization.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ZENDESK GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
Website Terms of Use, paragraph 25 · Citation strength: strong
high95% confidence
Broad User Content License Grant
By submitting User Content, you grant Zendesk a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense, and exploit your User Content without payment to you.
Why it matters: You give the company extensive rights to use your content for any purpose, including commercial use, in perpetuity, without any compensation.
By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties.
Website Terms of Use, paragraph 17 · Citation strength: strong
Data Use
3 findings
How the company collects, uses, and shares your data; and the choices you have.
low90% confidence
User Content Responsibilities and Risks
You are solely responsible for your use of Interactive Areas and use them at your own risk. The company is not responsible for the accuracy or credibility of any User Content and assumes no liability for actions taken based on User Content.
Why it matters: You are fully responsible for content you post and assume all risks associated with using interactive areas, and the company will not be held accountable for the accuracy of other user-generated content or any harm that arises from it.
You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.
Website Terms of Use, paragraph 8 · Citation strength: strong
medium95% confidence
Company Not Responsible for Third-Party Content
The company is not responsible for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
Why it matters: You may encounter offensive or harmful content and interact with risky individuals, and the company disclaims all responsibility for these issues.
We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
Website Terms of Use, paragraph 15 · Citation strength: strong
medium95% confidence
Monitoring and Removal of User Content
Zendesk has the right, but not the obligation, to monitor, screen, edit, refuse to post, or remove any User Content at any time and for any reason without notice. They may use automated and human review, and you are solely responsible for backing up your content.
Why it matters: Your user-generated content can be removed or altered by the company at any time without warning or reason, and you are responsible for maintaining your own backups.
Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. We may use automated means of reviewing User Content, in addition to human review.
Website Terms of Use, paragraph 16 · Citation strength: strong
Cancellation and Renewal
1 finding
Details on how to cancel services, and conditions or terms about renewal of services.
high95% confidence
Termination or Suspension Without Notice
Zendesk may terminate or suspend these Terms at any time without notice to you. They have the right to immediately terminate or suspend your access if they consider your conduct unacceptable or if you breach the Terms or any applicable law.
Why it matters: Your access to the websites can be revoked at any time without prior warning, potentially without clear reasons or recourse, based solely on the company's discretion.
We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate or suspend your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms or any applicable law.
Website Terms of Use, paragraph 29 · Citation strength: strong
Gotchas
2 findings
Potentially overlooked clauses that might work against you. These can include less-than-ideal clauses, or those which may be intentionally difficult to find.
medium90% confidence
User Responsibility for Infringement
The burden of determining that any User Content is not protected by intellectual property rights rests with you. You are solely liable for any damage resulting from infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights.
Why it matters: You are solely responsible for verifying the intellectual property rights of any content you upload and liable for any damages resulting from infringement.
The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
Website Terms of Use, paragraph 9 · Citation strength: strong
medium95% confidence
Mandatory Indemnification by User
You agree to defend, indemnify, and hold harmless the Zendesk Group, its affiliates, directors, officers, employees, and agents from all claims and expenses, including attorneys’ fees, arising out of your use of the Websites.
Why it matters: You are required to protect the company and its associated parties from any legal claims and expenses, including attorney fees, that arise from your use of their websites.
You agree to defend, indemnify and hold harmless the Zendesk Group, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. The Zendesk Group reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Zendesk with such cooperation as is reasonably requested by the Zendesk Group.
Website Terms of Use, paragraph 28 · Citation strength: strong
Protections
0 findings
These clauses are beneficial to the user and outline rights, recourse, or beneficial practices.
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