Zoom Build Platform
Terms of Service

Updated: October 23, 2026

These Zoom Build Platform Terms of Service (“Build Platform Terms”) set forth the additional terms and conditions that apply to Customer’s access to and use of the Build Platform Service (defined below) under an Order Form. For purposes of these Build Platform Terms, an “Order Form” includes any online ordering process incorporating these Build Platform Terms by reference. These Build Platform Terms are intended to supplement the terms and conditions contained in the Service Agreement (defined below) and any applicable Order Form. Additional terms may also be set forth in the Order Form. In the event of a conflict or inconsistency between these Build Platform Terms and any terms contained in the Service Agreement or any Order Form governed by the Service Agreement, these Build Platform Terms shall control to the extent necessary to resolve the conflict or inconsistency with respect to the Build Platform Service. Capitalized terms used but not defined herein shall have the meanings ascribed in the applicable Service Agreement or Order Form, as applicable.

Zoom may change or supplement these Build Platform Terms from time to time in its sole discretion. Zoom will exercise commercially reasonable business efforts to provide notice to Customer of any material changes to these Build Platform Terms. Within ten (10) business days of posting changes to these Build Platform Terms (or ten (10) business days from the date of notice, if such is provided), they will be binding on Customer. If Customer does not agree with the changes, Customer should discontinue using the Build Platform Service. If Customer continues using the Build Platform Service after that ten-business-day period, Customer will be deemed to have accepted the changes to these Build Platform Terms.

  1. Definitions

    1. “Annual Subscription” means an annual subscription to the Build Platform Service which Customer may purchase on an Order Form.

    2. “API” means any form of machine-accessible application programming interface or webhook that Zoom makes available for use in connection with the Build Platform Service which provides access to Zoom’s services or software, including all associated tools, elements, components and executables therein. For clarity, APIs separate from the Build Platform Service may be subject to separate terms.

    3. “Build Platform Documentation” means the developer documentation applicable to the use of the Build Platform Service available at https://developers.zoom.us/docs/, which may be updated by Zoom from time to time.

    4. “Build Platform Usage Data” means (i) Build Platform Account Information (as defined below) and any other information pertaining to use of a Build Platform Account (as defined below), and (ii) all anonymized or aggregated data resulting from use and operation of the Build Platform Service and the systems they run on (including, without limitation, volumes, frequencies, and log, trace and diagnostic files) that do not identify a natural person.

    5. “Components” means software, components, computers, hardware, networks, systems, and other infrastructure.

    6. “Confidential Information” means all information disclosed by or on behalf of Zoom to Customer in tangible or intangible form and labeled or otherwise indicated to be “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information or the circumstances under which it was disclosed. Confidential Information may include, without limitation, proprietary information, technical data, trade secrets, know-how, source code, binary executables, documentation, research, product plans, and other business information. Notwithstanding the foregoing, Confidential Information does not include information that (i) was already rightfully known to Customer at the time of disclosure by or on behalf of Zoom without an obligation of confidentiality; (ii) was rightfully received from a third party without restriction and without breach of these Build Platform Terms or Service Agreement; (iii) is or becomes generally available to the public other than by violation of these Build Platform Terms or Service Agreement; or (iv) was or is independently developed by Customer without use of Confidential Information.

    7. “Customer Application(s)” means a website, software, tool, product, application, or web, mobile, or other software service or technology service developed by Customer that is a Permitted Application and does not display the Zoom Marks.

    8. “Customer Data” means all information, data, and other content collected through or used by the Customer Application that is accessed or otherwise processed by the Build Platform Service.

    9. “Customer Personal Data” means all Customer Data that constitutes Personal Data. Customer Personal Data does not include Build Platform Usage Data or information pertaining to Zoom’s business contacts.

    10. “DPA” means the Zoom Global Data Processing Addendum, which is incorporated and forms part of these Build Platform Terms. For purposes of these Build Platform Terms, this DPA applies only to Personal Data (as defined in the DPA) that constitutes Customer Personal Data, and controls with respect to the Build Platform Service. The terms “Applicable Data Protection Law”, “Personal Data”, “Process”, and “Processing” as used herein have the meanings given in the DPA.

    11. “Malicious Software” means any software or code that does or is intended to harm, disable, destroy or adversely affect performance of the Build Platform Service, Zoom Components, or Zoom’s products or services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Zoom or other users of the Build Platform Service.

    12. “Month-to-Month Subscription” means a month-to-month subscription to the Build Platform Service, including pay-as-you-go service plans, which Customer may purchase on an Order Form.

    13. “Permitted Application(s)” means a website, software, tool, product, application, or web, mobile, or other software service or technology service that utilizes the Build Platform Service and that complies with the Build Platform Documentation, the Zoom Policies, and these Build Platform Terms.

    14. “Proprietary Rights” means any copyright, patent, trade secret, know-how, trademark, servicemark, trade name, rights of publicity, or other intellectual property or proprietary rights.

    15. “Sample Code” means any sample computer source code (i) provided by Zoom to assist Customer in developing and testing Customer Applications, and (ii) that has been explicitly designated by Zoom in such source code as sample code that may be utilized by Customer for the purposes set forth in (i).

    16. “Service Agreement” means the Zoom Terms of Service (www.zoom.com/terms) or a Master Subscription Agreement (or equivalent service agreement) in the case where Customer and Zoom have entered into a separate mutually executed written service agreement. As used in these Build Platform Terms, “Customer” means the party subscribing to the Build Platform Service and referred to as “You” in the Zoom Terms of Service, “Customer” in a Master Subscription Agreement or such other name as reflected in the agreement (each as applicable), or “Customer” in the Order Form, (each as applicable). The applicable Service Agreement is incorporated into these Build Platform Terms by this reference.

    17. “Spam” means bulk or unwanted communications.

    18. “Zoom Marks” means Zoom and Zoom’s other product and service names, trademarks, service marks, branding, and logos.

    19. “Zoom Policies” means the Zoom policies applicable to the Build Platform Service, including, without limitation, the Zoom Acceptable Use Guidelines and SDK Minimum Version Policy, as such policies may be updated by Zoom from time to time.

    20. “Users” are users of any Customer Application.

  2. Zoom Build Platform Service Description

Pursuant to these Build Platform Terms, Zoom makes available to Customer access to Zoom’s included customizable software development kits (“SDK(s)”), APIs, and other related materials and software (including programs, tools, Sample Code, templates, libraries, interfaces) (the “Build Platform”). For clarity, software development kits separate from the Build Platform Service may be subject to separate terms. Subject to Customer’s subscription as set forth in an Order Form, the Build Platform enables Customer to develop Customer Applications integrating Zoom-provided services (e.g., audio, video, cobrowse, AI services) and related features (collectively with the Build Platform, the "Build Platform Service"). Learn more about products and features available with the Build Platform Service in the Build Platform Documentation. Upon successful activation and implementation of the Build Platform Service, Customer may, subject to Customer’s subscription as set forth in an Order Form, enable Users of the Customer Application to launch in-app sessions for communication services (e.g., meeting, video, voice, cobrowse), AI services (e.g., transcription, translation), and/or other available Build Platform services as specified in such Order Form (each, a “Session”) and access the applicable service features as further described in the Build Platform Documentation. Use of the Build Platform Service shall be measured based on the total number of Session minutes (“Session Minutes”) used in a given billing period attributable to the Sessions launched by Customer or its Users, or as otherwise reflected in an Order Form.

  1. Registration, Authorization and License

    1. Build Platform Account. In order to use and access the Build Platform Service, Customer must either (i) register for a Zoom account separate from and additional to any existing Zoom account the Customer may already have with Zoom or (ii) create and attach a Zoom Build Platform account (as a subaccount) to Customer’s existing Zoom account (in each case, a “Build Platform Account”). Customer will (1) provide true, accurate, current and complete information about Customer and its business (“Build Platform Account Information”) and (2) maintain and promptly update the Build Platform Account Information to keep it true, accurate, current, and complete. If applicable, Customer will follow any other registration or credentialing requirements established by Zoom for access to the Build Platform Service. Customer is solely responsible for the security of Customer’s password, Build Platform Account, and SDK and API keys, secrets, and credentials (“Token”), and for any and all activities that occur under Customer’s Build Platform Account or using Customer’s Token. Customer will not share Customer’s Build Platform Account username, password, or Token, or permit any third party to log on using Customer’s information. Customer agrees to immediately notify Zoom of any unauthorized use of Customer’s account, Token or credentials or any other breach of security of which Customer becomes aware.

    2. Build Platform Account Approval. Customer will promptly provide any and all information reasonably requested by Zoom for Zoom’s review of Customer’s intended or actual use of the Build Platform Service and the Customer Application during the account creation process outlined in Section 3.a. and at any time thereafter that Customer has an active subscription to the Build Platform Service, as reflected in an Order Form. Zoom reserves the right to approve or deny Customer’s subscription to or use of the Build Platform Service in Zoom’s sole discretion.

    3. Access and Use; Software License. Subject to the terms and conditions of these Build Platform Terms, including payment of all applicable amounts due and owing for the Build Platform Service, including taxes and service fees, set up fees, per-use fees, overage fees, subscription fees, or any other fee or charge associated with the Build Platform Account, Customer may access and use the Build Platform Service during the subscription term set forth in Customer’s Order Form and Zoom grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the subscription term set forth in Customer’s Order Form to:

      1. install and use a reasonable number of copies of the SDK(s) available with the Build Platform Service, in all cases to be used solely in the manner described in the Build Platform Documentation and solely for the purposes of developing, testing, supporting, and debugging Customer Applications;

      2. to the extent that Sample Code is provided as part of the Build Platform Service, to use, modify and compile the Sample Code solely for the purposes of developing, testing and debugging Customer Applications (provided that, notwithstanding the foregoing, Customer may not modify any header files included in the Build Platform Service); and

      3. distribute Sample Code as compiled with a Customer Application provided that (1) such Customer Application adds significant primary functionality to the Build Platform Service; and (2) such Sample Code is distributed in executable form only.

  2. Fees and Taxes

    1. Zoom charges fees for access to and use of the Build Platform Service as set forth in the associated Order Form or posted online, including (i) recurring fees (“Subscription Fees”) and (ii) non-recurring fees based on usage of the Build Platform Service (e.g., Session Minutes, GBs, characters), and overage fees (collectively, “Per-Use Fees”). Zoom reserves the right to change fees for the Build Platform Service from time to time, at its sole discretion; provided, that Zoom will provide Customer with reasonable notice of any such fee change. Customer is obligated to pay Zoom all fees and any applicable taxes and all other governmental impositions, including but not limited to sales, use, communication, excise, franchise, value-added, goods and services, and consumption taxes (“Taxes”). Customer is responsible for paying all Taxes with respect to its activities in connection with these Build Platform Terms.

    2. Tax Exemptions. In the event Customer is exempt from any Taxes, Customer will, at the time these Build Platform Terms become effective, provide Zoom with all appropriate tax identification numbers, tax exemption certificates, and/or other documentation satisfactory to the applicable taxing authorities to substantiate such exemption status.

    3. Withholding Tax. To the extent that any amounts payable by Customer are subject to withholding taxes, the amount payable shall be grossed up by Customer when remitting payment such that the amount paid net of withholding taxes equals the amount invoiced by Zoom.

    4. Customer agrees that Zoom may charge to Customer’s credit card or other payment mechanism selected by Customer and approved by Zoom all amounts due and owing for the use of and access to the Build Platform Service, including applicable Taxes, Subscription Fees, Per-Use Fees or any other fee or charge associated with Customer’s account (collectively, “Fees”). If Customer has signed up for a free trial of the Build Platform Service, Customer will not be charged Subscription Fees until after Customer’s free trial ends; provided, however, that if Customer exceeds any applicable trial usage limitations, Customer may be charged Per-Use Fees during such trial term and Customer agrees to pay these charges if Customer incurs them. Except as explicitly provided in these Build Platform Terms, all payment obligations are non-cancelable and all amounts paid are non-refundable. Additional billing and payment terms may be set forth in the Order Form.

  3. Zoom’s Rights of Control Over the Build Platform Service

    1. Zoom may immediately limit, suspend, or disable Customer’s usage of or access to the Build Platform Service, or Customer’s Build Platform Account and/or Tokens, in Zoom’s reasonable discretion, if Customer or any Customer Application is, or is alleged to be, in violation of these Build Platform Terms, the Zoom Policies, the Build Platform Documentation, the Service Agreement, applicable laws or regulations, is adversely affecting the performance or operation of the Build Platform Service or Zoom Components, or it is necessary to prevent imminent harm to Zoom, without prior notice or liability to Customer. Zoom shall use commercially reasonable efforts to provide notice to Customer of any such actions as soon as reasonably practical and to the extent permitted by applicable law.

    2. Build Platform Service Modifications

      1. Notwithstanding anything to the contrary in the Service Agreement, Zoom may modify, amend, change, or deprecate all or part of the Build Platform Service at its sole discretion at any time (a “Build Platform Service Modification”). Zoom shall use commercially reasonable efforts to provide prior notice to Customer of any such actions as soon as reasonably practicable. Customer shall, within thirty (30) days from the date of the first notice of any Build Platform Service Modification(s) (or such shorter period of time specified in the notice of the Build Platform Service Modification(s)) (the “Conformance Period”) comply with such modification(s) by (1) implementing and using the most current version of the Build Platform Service, (2) making any changes to Customer Applications that may be required as a result of such Build Platform Service Modification, (3) using commercially reasonable efforts to stop distribution of all prior versions of the Customer Applications, and (4) using commercially reasonable efforts to upgrade all prior versions of the Customer Applications then in use to the most recent version.

      2. Customer acknowledges that a Build Platform Service Modification may have a material adverse effect on Customer Applications, including, but not limited to, causing Customer Applications not to operate as designed. Zoom shall have no liability of any kind to Customer or any User of Customer Applications with respect to such Build Platform Service Modifications or any adverse effects resulting from such Build Platform Service Modifications.

  4. Security and Privacy

    1. Security Safeguards. Customer represents and warrants that the Customer Application does not contain any security vulnerabilities and has been developed to operate with the Build Platform Service in a secure manner and that Customer’s network, operating system and the software of Customer’s servers, databases, and computer systems are and will remain properly configured to securely operate the Customer Application and securely collect, use and store Customer Data. Customer and the Customer Application will employ reasonable technical, administrative, and physical safeguards that:

      1. comply with applicable laws and regulations, including Applicable Data Protection Laws;

      2. protect the confidentiality, integrity and availability of the Customer Data; and

      3. prevent Security Incidents (as defined below).

    2. Security Incidents. In the event Customer becomes aware of any accidental, unlawful or unauthorized access to, or use, disclosure, alteration, loss or destruction of, the Build Platform Service, Customer Data, the Customer Application, the information technology systems and facilities on which the Customer Application depends, or Zoom’s applications or systems (each, a “Security Incident”), Customer will notify Zoom about such Security Incident promptly and in no event later than 72 hours after Customer becomes aware of it. Customer agrees to preserve evidence regarding the Security Incident, and provide Zoom with information reasonably requested regarding the Security Incident, including an explanation of the nature and root cause of the Security Incident, the categories and approximate number of affected individuals and/or organizations, the categories and approximate quantity of affected records, the likely consequences of the Security Incident and corrective action being taken. Before Customer communicates with the public (e.g., via press release, blogs, social media, bulletin boards) or any third party about a Security Incident, Customer will consult with Zoom regarding, and provide Zoom an advance copy of, such communication, provided so doing is permitted by applicable laws and regulations and does not unreasonably interfere with Customer’s investigation or remediation of the Security Incident or Customer’s compliance with its legal obligations to give notifications about the Security Incident.

    3. Security Review, Monitoring, and Remediation. Zoom and/or an independent third party selected by Zoom (and acting at Zoom’s direction) may, at Zoom’s sole cost and discretion, perform monitoring or a security review of the Customer Application to ensure that the Customer Application complies with these Build Platform Terms and does not threaten the security, integrity, availability or performance of Zoom’s services, software, applications, or Build Platform Service (a “Security Review”). Zoom shall provide Customer with prior written notice of any Security Review. Customer shall provide Zoom, at no charge, full user-level access to the Customer Application and shall cooperate with Zoom in the Security Review and provide such information as Zoom may reasonably request to complete the Security Review. Except as required by applicable law, Zoom shall keep the results of the Security Review confidential. Zoom may require, at its sole discretion and in light of Customer’s use of the Build Platform Service, that Customer make adjustments or improvements to the Customer Application’s security standards or processes as a condition to using or continuing to use the Build Platform Service. Customer will maintain processes to encourage reporting of, identifying, and remediating any security vulnerabilities in the Customer Application, and Customer shall promptly notify Zoom in writing of, and explain to Zoom in reasonable detail, any security vulnerabilities related to the Customer Application's connection to or use of the Build Platform Service promptly upon becoming aware of such vulnerabilities. Zoom’s performance of a Security Review or decision not to respond to notice of a Security Incident or security vulnerability shall not be construed as an approval, warranty, or certification of the Customer Application or security safeguards, nor shall it limit Customer’s liability for the breach of, or waive Customer’s compliance with, any provision of these Build Platform Terms. Customer shall treat the occurrence of, results of, and any communications in connection with a Security Review as Confidential Information. For the avoidance of doubt, Customer shall not use such information in any marketing or advertising of its Customer Application.

    4. Data Protection. Customer acknowledges that Zoom’s collection, sharing, and processing of any Customer Personal Data or Build Platform Usage Data that constitutes Personal Data will be subject to the Zoom Privacy Statement and, if applicable, Zoom’s Global Data Processing Addendum and US State Law Privacy Addendum. Customer will comply with its obligations under Applicable Data Protection Law and will ensure (and is solely responsible for ensuring) that it has given all notices to, and obtained all consents from, Users and others that may be required under Applicable Data Protection Law for the operation of the Customer Application and the parties’ respective Processing of Customer Data as contemplated by these Build Platform Terms.

  5. Customer’s Responsibilities

    1. With respect to the Customer Applications, Customer acknowledges and agrees that Zoom has no obligations, responsibilities, or liabilities to Users. Customer will ensure that all Users enter into a terms of use, a legally adequate privacy policy, and/or other agreements governing the use of each Customer Application directly with Customer (collectively, “Customer Terms”).

    2. The Customer Applications must not violate these Build Platform Terms, the Build Platform Documentation, or the Zoom Policies. In the event Zoom reasonably believes that any Customer Application violates any of the foregoing, Customer shall promptly, upon written notice from Zoom and at Customer’s sole cost, modify and redistribute the Customer Application and use its best efforts to disable or otherwise prevent Users from using prior versions of the Customer Application that violate these Build Platform Terms, the Build Platform Documentation, or the Zoom Policies.

    3. The Customer Applications may not compete with or substantially replicate products or services offered by Zoom, including, without limitation, functions or clients on platforms (such as iOS or Android) where Zoom offers its own client or a substantially similar function. Customer agrees that Zoom may develop and publish applications that are similar to or otherwise compete with Customer Applications. In the event Zoom publishes a competing application, Zoom may terminate these Build Platform Terms and any associated Order Form immediately and, upon request, will provide Customer with a pro-rated refund of any unused, prepaid fees related to the terminated Build Platform Service.

    4. The Customer Applications may not use, access or call the Build Platform Service in order to monitor the availability, performance, or functionality of the Build Platform Service or any of Zoom’s services or software, for any similar benchmarking or competitive purposes, or to identify, exploit or publicly disclose any potential security vulnerabilities.

    5. Except through a Customer Application as expressly permitted by these Build Platform Terms, Customer shall not, under any circumstances, repackage or resell or otherwise make available to any third party the Build Platform Service.

    6. Customer shall not, and shall not attempt to:

      1. interfere with, modify or disable any features, functionality or security controls of the Build Platform Service;

      2. defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Build Platform Service;

      3. reverse engineer, decompile, disassemble, or derive source code, underlying ideas, algorithms, structure, or organizational form from the Build Platform Service;

      4. modify or make derivative works of the Build Platform Service except as expressly permitted by Section 3.c. above;

      5. use the Build Platform Service with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the Build Platform Service, would require Zoom or any other person or entity to disclose, license, distribute or otherwise make all or any part of the Build Platform Service available to anyone;

      6. use the Build Platform Service in any manner that does or could potentially damage, disable, overburden, limit, impair, undermine, abuse, interfere with or disrupt the security or performance of the Build Platform Service or Zoom Components, any of Zoom’s services or software, Customer’s Build Platform Account or any servers or networks connected to the Build Platform Service or Zoom’s security systems or that could or does introduce Malicious Software into the foregoing;

      7. remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in the Build Platform Service; and/or

      8. copy the Build Platform Service or any portion thereof except as expressly permitted herein (provided, however, that for the purposes of this subsection, “copy” shall not include copying of statements and instructions of the Build Platform Service or any portion thereof that naturally occurs during normal program execution when used in accordance with and for the purposes described in the Build Platform Documentation or in the course of making unmodified copies of the Build Platform Service or Build Platform Documentation as part of the regular back-up of the Build Platform Service in accordance with standard industry business practices).

    7. As between Zoom and Customer, Customer is solely responsible for Customer’s and its Users’ use of the Build Platform Service, compliance with these Build Platform Terms, the Build Platform Documentation and the Zoom Policies, and the Customer Application. Customer shall abide by, and ensure compliance with, all applicable laws in connection with Customer’s use of the Build Platform Service and its Users’ use of the Customer Application. Customer acknowledges and agrees that Customer is solely responsible, and that Zoom has no responsibility or liability of any kind, for (i) the content, development, operation, sale, support, security or maintenance of Customer Applications; or (ii) Customer’s inability to continue providing any Customer Applications (in whole or part) due to the termination or expiration of these Build Platform Terms and any associated Order Forms. Without limiting the foregoing, Customer will be solely responsible for ensuring that the Customer Applications do not violate or infringe the Proprietary Rights of any third party and for transitioning Users off a Customer Application when that Customer Application is no longer available for any reason.

    8. Prohibited Uses. Customer further agrees that Customer will not, directly or indirectly (and will require that all Users do not, directly or indirectly) use the Customer Application, the Build Platform Service, or any information, data or content accessed or obtained from Zoom hereunder:

      1. For any purpose other than as expressly permitted in these Build Platform Terms, Zoom Policies, or Build Platform Documentation;

      2. In a way that disparages, or in a way that is reasonably likely to allow others to disparage, Zoom or its users;

      3. In a way that is deceptive, fraudulent, false, or misleading;

      4. In a way that violates applicable laws or regulations, including:

        1. Illegal activities, such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws;

        2. Intending to exploit minors in any way;

        3. Accessing or authorizing anyone to access the Build Platform Service or Zoom online services or applications from an embargoed country as prohibited by the U.S. government, including Restricted Countries and Regions listed by Zoom, as updated from time to time;

        4. Applicable Data Protection Laws;

      5. In any environment or context requiring fail-safe performance (e.g., emergency medical care, hazardous activities) or in which the failure of the Customer Application, the access to or use of the Build Platform Service, or Zoom’s online services or applications could lead to death, personal injury, or property or environmental damage;

      6. To transmit any content or material that would infringe or violate the Proprietary Rights of any party, that is illegal, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, or a violation of applicable law or regulation, including but not limited to anti-spam, export control, privacy, information security, data protection and anti-terrorism laws and regulations and laws governing recording or interception of audio, video or other communications or requiring the consent of subjects of audio and video recordings;

      7. To disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks that connect to or which can be accessed via the Build Platform Service;

      8. To identify, exploit or publicly disclose any potential security vulnerabilities, including of the Build Platform Service;

      9. To migrate Users of the Customer Application away from any of Zoom’s online services or applications; or

      10. To use the Build Platform Service in a way that could create, in Zoom’s sole discretion and judgment, an unreasonable privacy or information security risk to Users or others.

    9. Customer will respect and comply with the technical and policy-implemented limitations of the Build Platform Service and the restrictions of these Build Platform Terms in designing and implementing Customer Applications.

    10. Customer will not suggest any affiliation with Zoom nor make any suggestion that Zoom sponsors, endorses, or guarantees the Customer Application, or that Customer is a partner of Zoom.

  6. Customer’s Representations, Warranties, and Covenants

    1. Customer represents, warrants and covenants that:

      1. The Customer Applications, the use of such Customer Applications by Users, and the activities with respect to such Customer Applications undertaken by Zoom in accordance with the terms of these Build Platform Terms, do not and will not violate, misappropriate, or infringe the Proprietary Rights of Zoom or any person or entity;

      2. Customer and the Customer Applications will comply with all applicable foreign and domestic laws and regulations, including, without limitation, all applicable export control laws and Applicable Data Protection Law, and Customer will maintain all licenses, permits and other permissions necessary to develop, implement and publish its Customer Applications;

      3. Customer will not knowingly attempt to circumvent any security measures implemented by Zoom;

      4. The Customer Applications are not designed to facilitate the sending of Spam;

      5. The Customer Applications will not be designed to violate, or intended to facilitate the violation of, these Build Platform Terms, the Build Platform Documentation or the Zoom Policies; and

      6. Customer has all right, power, and authority to grant the licenses granted to Zoom herein.

  7. Ownership

    1. Subject to the limited licenses expressly provided in these Build Platform Terms, nothing in these Build Platform Terms transfers or assigns to Zoom any of Customer’s Proprietary Rights in its Customer Applications or other technology.

    2. As between Zoom and Customer, Zoom exclusively owns, and nothing in these Build Platform Terms transfers or assigns to Customer any Proprietary Rights in the Build Platform Service, Zoom Marks, Build Platform Usage Data, or Zoom’s other Components, technology, products or services.

    3. Feedback. This Section 9.c. applies only to the extent the same subject matter is not addressed in the Service Agreement. If Customer or any of Customer’s employees, contractors, agents, or Users send, transmit, or otherwise provide any feedback, comments, suggestions, questions, or the like, regarding the Build Platform Service, including any ideas, know-how, concepts, enhancements, recommendations, or other information relating to the Build Platform Service, including suggesting or recommending changes to the Build Platform Service such as new features or functionality relating thereto (collectively, “Feedback”), Customer acknowledges that (i) Zoom owns, and Zoom shall retain ownership of, all right, title, and interest in and to such Feedback, including any Proprietary Rights therein, and (ii) Zoom may, but is not required to use, the Feedback, including any Proprietary Rights therein, for any purpose whatsoever without any attribution, financial compensation, or reimbursement of any kind to Customer or any third party. Customer hereby unconditionally and irrevocably assigns and agrees to assign to Zoom on its behalf, and Customer shall cause Customer’s employees, contractors, agents, and Users to unconditionally and irrevocably assign and agree to assign, all right, title, and interest in and to the Feedback, including all Proprietary Rights relating thereto. All Feedback is and will be treated as Zoom Confidential Information until Zoom, in its sole discretion, chooses to make any specific Feedback non-confidential.

  8. Support and Service Levels

    1. Zoom is not obligated to provide Customer with technical support for the Build Platform Service. If Customer desires developer support, Customer may separately order Zoom's Premier Developer Support for an additional charge. Zoom is not obligated to provide any support to Customer for any Customer Applications.

    2. Customer is solely responsible for developing and maintaining the Customer Applications, and for providing all support and technical assistance to its Users with respect to the Customer Applications. Customer agrees to use commercially reasonable efforts to provide support to its Users.

    3. Customer acknowledges and agrees that with respect to the Customer Applications, Zoom will not provide support or technical assistance to Customer’s Users, and Customer shall not represent to its Users that Zoom is available to provide such support.

    4. Zoom shall use commercially reasonable efforts to ensure the availability of the Build Platform Service to Customer. Notwithstanding the foregoing and notwithstanding anything in the Service Agreement to the contrary, Zoom does not guarantee any uptime, availability, performance, or integrity of the Build Platform Service and does not offer service credits or termination rights associated with any downtime or functionality issues of the Build Platform Service. Moreover, Zoom shall not be liable to Customer or its Users for the unavailability of the Build Platform Service or the failure of the Build Platform Service to perform in accordance with its specifications. Customer shall not represent to its Users any availability or performance levels with respect to the Build Platform Service.

    5. Zoom is not required to provide any prior notice to Customer or its Users of planned or unplanned downtime of the Build Platform Service.

  9. Confidentiality

    1. This Section 11 applies only to the extent the same subject matter is not addressed in the Service Agreement. Customer may, from time to time, gain access to Confidential Information. Customer may use Confidential Information only to the extent necessary to exercise its rights under these Build Platform Terms and for no other purpose. Customer may not disclose Confidential Information to a third party without Zoom’s prior express written consent. Without limiting any other obligation of Customer under these Build Platform Terms, Customer agrees that it will protect Confidential Information from unauthorized use, access, or disclosure in the same manner that Customer would use to protect its own confidential and proprietary information of a similar nature, but in no event less than a reasonable degree of care.

    2. In the event Customer receives a subpoena or other form of compulsory process requiring or purporting to require disclosure of Confidential Information, Customer shall first (i) promptly notify Zoom in writing, (ii) reasonably cooperate with Zoom (at Zoom’s sole expense) in the event Zoom chooses to seek a protective order or other remedy to prevent or limit disclosure of Confidential Information (a “Protective Order”), and (iii) not disclose any Confidential Information until Zoom has chosen in its sole discretion to waive compliance with this Section 11 as to such Confidential Information or has been granted or denied a Protective Order. In the event Customer must disclose Confidential Information after complying with this Section 11.b., Customer shall disclose such information only to the extent legally required.

  10. Disclaimer of Warranties

    1. THE BUILD PLATFORM SERVICE IS INTENDED FOR GENERAL BUSINESS USE ONLY IN CONNECTION WITH PERMITTED APPLICATIONS. IT IS NOT DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR USE IN ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE (E.G., EMERGENCY MEDICAL CARE, HAZARDOUS ACTIVITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT) OR IN WHICH THE FAILURE OF THE BUILD PLATFORM SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. CUSTOMER SHALL NOT USE THE BUILD PLATFORM SERVICE FOR OR IN CONNECTION WITH ANY HIGH RISK ENVIRONMENT OR ACTIVITY. ZOOM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES OR SERVICES.

    2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BUILD PLATFORM SERVICE, INCLUDING WITHOUT LIMITATION ALL SERVER AND NETWORK COMPONENTS, WEB SERVICES, SOFTWARE, AND BUILD PLATFORM DOCUMENTATION, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOOM, ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZOOM, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO GUARANTEE, PROMISE, WARRANTY, OR REPRESENTATION (i) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BUILD PLATFORM SERVICE, (ii) REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BUILD PLATFORM SERVICE, OR (iii) THAT THE BUILD PLATFORM SERVICE WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, OR THAT ANY DEFECT IN THE BUILD PLATFORM SERVICE WILL BE CORRECTED. IN ADDITION, ZOOM MAKES NO WARRANTIES THAT THE BUILD PLATFORM SERVICE SHALL NOT CAUSE DISRUPTIONS, ERRORS, LOSS OF DATA, LOSS OF USE, OR OTHER PROBLEMS WITH ANY CUSTOMER APPLICATION OR ANY COMPUTER OR DEVICE ON WHICH ANY CUSTOMER APPLICATION IS INSTALLED OR USED. ZOOM IS NOT RESPONSIBLE FOR ANY DAMAGES OR HARM ARISING FROM USE OF THE CUSTOMER APPLICATIONS OR BUILD PLATFORM SERVICE. NO INFORMATION OR ADVICE OBTAINED BY CUSTOMER, ITS USERS, OR OTHER THIRD PARTIES FROM ZOOM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE BUILD PLATFORM TERMS.

  11. Limitation of Liability

    1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE SERVICE AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL ZOOM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, RESELLERS, OR SUPPLIERS BE LIABLE TO CUSTOMER, ITS USERS, OR ANY OTHER THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER LOSS INCURRED BY CUSTOMER, ITS USERS, OR ANY OTHER THIRD PARTY IN CONNECTION WITH THESE BUILD PLATFORM TERMS OR BUILD PLATFORM SERVICE, REGARDLESS OF WHETHER ZOOM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE BUILD PLATFORM TERMS OR THE SERVICE AGREEMENT, ZOOM’S AGGREGATE LIABILITY TO CUSTOMER, ITS USERS, OR ANY OTHER THIRD PARTY ARISING OUT OR RELATING TO THESE BUILD PLATFORM TERMS OR THE BUILD PLATFORM SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES CUSTOMER HAS PAID TO ZOOM FOR THE BUILD PLATFORM SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. ANY CLAIM ARISING OUT OF OR RELATING TO THESE BUILD PLATFORM TERMS OR BUILD PLATFORM SERVICE MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS OF THE EVENTS GIVING RISE TO THE CLAIM.

    3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to Customer. IN THESE JURISDICTIONS, ZOOM’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The limitations set forth in this Section 13 will survive termination or expiration of these Build Platform Terms and apply even if any limited remedy specified in these Build Platform Terms is found to have failed of its essential purpose.

  12. Indemnification

    1. Customer will indemnify, defend, and hold Zoom, its Affiliates, and their respective officers, directors, employees, agents, subcontractors, suppliers, and resellers harmless against any suits, demands, or claims and associated losses, costs, expenses (including reasonable attorneys’ fees), damages and liabilities, brought by a third party (including, without limitation, Customer’s Users) and arising from or relating to (i) any breach of these Build Platform Terms by Customer or its Users, or those acting on its behalf, (ii) any violation of applicable law or regulation by Customer or its Users, or the Customer Application, (iii) Customer’s gross negligence, recklessness, or willful misconduct, or (iv) the Customer Application or Customer’s use of the Build Platform Service.

    2. Zoom agrees to defend and indemnify Customer from any third party (except an Affiliate of Customer) suits, claims or demands and associated liabilities, costs, damages and expenses (including, but not limited to, attorneys’ fees, expert fees and court costs) that Customer may sustain or incur arising from the infringement by the Build Platform Service of any copyright, trademark, or U.S. patent of a third party. This defense and indemnity will not apply to any claim that the infringement arose from (i) the combination of the Build Platform Service with software, hardware, content, data or other items not supplied by Zoom; (ii) Customer’s unauthorized modification of the Build Platform Service; (iii) Customer’s failure to update or upgrade the Build Platform Service to the extent such update or upgrade would have avoided the infringement; (iv) inputs or prompts provided by Customer or its Users that infringe or would reasonably be expected to generate infringing outputs; or (v) Customer’s failure to adhere to a Zoom-provided workaround. In the event that the Build Platform Service is, or in Zoom’s sole opinion is likely to be, enjoined due to the type of infringement described in this section, Zoom, at its option and expense, may (1) replace the applicable materials with functionally equivalent non-infringing technology or (2) obtain a license for Customer’s continued use of the Build Platform Service or a substantially similar service, or, if the foregoing alternatives are not reasonably available to Zoom, (3) terminate these Build Platform Terms and any associated Order Forms and, upon request, Zoom will provide Customer with a pro-rated refund of any unused, prepaid fees related to the terminated Build Platform Service. Zoom’s defense and indemnification obligations for any covered claims arising under this Section 14.b sets forth Zoom’s entire obligation and Customer’s sole and exclusive remedy and compensation.

    3. Indemnification Procedures. In claiming any indemnification under this Section 14, the indemnified party shall promptly provide the indemnifying party with notice of any claim that the indemnified party believes is within the scope of the obligation to indemnify. The indemnified party may, at its own expense, assist in the defense if it so chooses, but the indemnifying party shall control the defense and all negotiations relative to the settlement of any such claim. Any settlement intended to bind the indemnified party shall not be final without the indemnified party’s written consent, which consent shall not be unreasonably withheld or delayed.

  13. Export Restrictions

Customer acknowledges that the Build Platform Service, or a portion thereof, is subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Zoom will provide the U.S. export classification(s) applicable to its Build Platform Service upon request. Customer and its Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Build Platform Service or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. Customer represents and warrants that: (a) Customer and its Users are not (i) citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that Customer and its Users will not access or use the Build Platform Service, or export, re-export, divert, or transfer the Build Platform Service, in or to such countries or territories; (ii) persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and/or (iii) persons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (b) Customer and its Users located in Myanmar (Burma), Cambodia, China, Russia, Syria or Venezuela are not Military End Users and will not put Zoom’s Services to a Military End Use, as defined in 15 C.F.R. 744.21; (c) no content created or submitted by Customer or its Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (d) Customer and its Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. Customer is solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.

  1. Publicity

    Zoom may publicly identify Customer as a user of the Build Platform Service in connection with the Customer Applications. Customer hereby grants Zoom, its Affiliates, and their respective agents an irrevocable, perpetual, worldwide, non-exclusive, sublicensable, transferable, fully paid-up, royalty-free license to use, reproduce, publish, and display Customer’s name, trademarks, service marks, designs, logos, and symbols in connection with such purposes.

  2. Term; Termination and Renewal

    1. Term. These Build Platform Terms shall take effect upon Customer’s acceptance of these Build Platform Terms in an Order Form, and will remain in effect for the Initial Subscription Term and any applicable Renewal Term as set forth in an Order Form, unless terminated pursuant to the Service Agreement or this Section 17.

    2. Termination of Month-to-Month Subscription. If Customer has purchased a Month-to-Month Subscription, then Customer or Zoom may terminate these Build Platform Terms and Customer’s Build Platform Account and use of the Build Platform Service at any time upon providing thirty (30) calendar days prior written notice to the other Party. Customer will be responsible for any Fees incurred up to the effective date of termination.

    3. Termination of Annual Subscription. If Customer has purchased an Annual Subscription, and if available and stated on Customer’s Order Form and automatic renewal is not prohibited by applicable Law, each Renewal Term for the Annual Subscription will begin automatically at the end of the then-current Initial Subscription Term or Renewal Term, as the case may be, unless either party provides written notice of termination of these Build Platform Terms or termination or modification of Customer’s Build Platform Account and use of the Build Platform Service under such Order Form (i) at least thirty (30) calendar days prior to the commencement of the next Renewal Term, or (ii) within the notice period required by applicable Law (collectively, (i) and (ii), the “Renewal Notice Period”). In order to terminate or modify the Build Platform Service, Customer must provide notice to Zoom, via the billing portal (if available for Customer’s account) or in an email to renewals@zoom.us, in accordance with the Renewal Notice Period. Any statutory rights Customer may have under the applicable Laws to terminate Customer’s Build Platform Services at an earlier time during the Initial Subscription Term or any given Renewal Term remains unaffected by this clause, and, if required by applicable Law, Zoom will send Customer a reminder notice prior to the commencement date of the Renewal Term (and in accordance with the notice periods specified in these Build Platform Terms or other such deadline set by applicable Law that may apply to Customer) reminding Customer of Customer’s right to terminate the Build Platform Service and how to do so. Customer will be responsible for any Fees incurred up to the effective date of termination.

    4. Termination of Customer’s Build Platform Account, pursuant to these Build Platform Terms, will automatically result in the termination of these Build Platform Terms.

    5. Post Termination. Upon termination, all licenses granted by Zoom herein immediately expire and Customer must immediately cease accessing and using the Build Platform Service, delete any copies of the SDK(s), and remove any Sample Code from any future releases of Customer Applications. All sections of these Build Platform Terms which by their nature should survive termination will survive termination, including, without limitation, payments and taxes (for transactions prior to termination), confidentiality, disclaimers, limitation of liability, and indemnification.

  3. Miscellaneous

    1. This Section 18.a. applies only to the extent the same subject matter is not addressed in the Service Agreement. Zoom may assign these Build Platform Terms and any of its rights and obligations hereunder at any time. Customer may not transfer or assign these Build Platform Terms or any of its rights or obligations under these Build Platform Terms without Zoom’s written consent. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, these Build Platform Terms shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.

    2. Nothing in these Build Platform Terms shall be deemed or construed to constitute or create employment, partnership, association, joint venture, agency, or fiduciary relationship between the parties.

    3. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Build Platform Terms or Customer’s use of the Build Platform Service.

    4. There are no third-party beneficiaries to these Build Platform Terms.

    5. The section titles in these Build Platform Terms are for convenience only and have no legal or contractual effect.

    6. These Build Platform Terms, together with the Order Form and Service Agreement, constitute the entire agreement among the parties with respect to the subject matter of these Build Platform Terms.