policies: Update Kandra Labs policies pages.

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# Age of consent by country
Our [Terms of Service](/policies/terms) state, in part:
> “if you are a child under the age of thirteen (13) or below the minimum age of
> consent in your country, please do not attempt to register for or otherwise
> use the Services or send us any personal information”
As a convenience, we provide a reference below of age of consent by country where it
is higher than our minimal requirement of 13 years of age.
## Asia
* Hong Kong: 18
* South Korea: 14
* Vietnam: 16
## Caribbean
* Aruba: 16
* Caribbean Netherlands: 16
* Curaçao: 16
* Sint Maarten: 16
## Europe
* Austria: 14
* Bulgaria: 14
* Croatia: 16
* Cyprus: 14
* Czech Republic: 15
* France: 15
* Germany: 16
* Greece: 15
* Hungary: 16
* Ireland: 16
* Italy: 14
* Lithuania: 16
* Luxembourg: 16
* Netherlands: 16
* Poland: 16
* Portugal: 16
* Romania: 16
* Russia: 18
* San Marino: 16
* Serbia: 15
* Slovakia: 16
* Slovenia: 16
* Spain: 14
## Pacific
* Australia: 15
* Indonesia: 18
* Malaysia: 18
* Philippines: 18
## South America
* Brazil: 18
* Chile: 14
* Colombia: 14
* Peru: 14
* Venezuela: 14

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# Terms and policies
* [Terms of Service](/policies/terms)
* [Privacy Policy](/policies/privacy)
* [Rules of Use](/policies/rules)

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sidebar_index.md

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# Privacy Policy
!!! warn ""
Starting January 1, 2022, this policy is replaced by the updated
[Privacy Policy](/policies/privacy).
As you use our services, we want you to be clear how were using
information.
Our Privacy Policy explains:
* What information we collect and why we collect it.
* How we use that information.
## Information we collect
We collect information to provide better services to all of our users.
We collect information in two ways:
* **Information you give us.** For example, many of our services
require you to sign up for a Kandra Labs Zulip Account. When you do,
well ask for personal information, like your name, email address, or
telephone number.
* **Information we get from your use of our services.** We may collect
information about the services that you use and how you use them, like
when you interact with our content. This information includes:
* **Device information.** We may collect device-specific
information (such as your hardware model, operating system
version, and unique device identifiers). Kandra Labs may associate
your device identifiers with your Kandra Labs Zulip Account.
* **Log information.** When you use our services or view content
provided by Kandra Labs, we may automatically collect and store
certain information in server logs. This may include:
* details of how you used our service.
* Internet protocol address.
* device event information such as crashes, system activity,
hardware settings, browser type, browser language, the date
and time of your request and referral URL.
* cookies that may uniquely identify your browser or your
Kandra Labs Zulip Account.
* **Unique application numbers.** Certain services include a
unique application number. This number and information about your
installation (for example, the operating system type and
application version number) may be sent to Kandra Labs when you
install or uninstall that service or when that service
periodically contacts our servers, such as for automatic
updates.
* **Local storage.** We may collect and store information
(including personal information) locally on your device using
mechanisms such as browser web storage (including HTML 5) and
application data caches.
* **Cookies and anonymous identifiers.** We use various
technologies to collect and store information when you visit our
Zulip service, and this may include sending one or more cookies or
anonymous identifiers to your device. We may also use cookies and
anonymous identifiers when you interact with services we offer to
our partners, such as Zulip features that may appear on other
sites.
## How we use information we collect
We use the information we collect from all of our services to provide,
maintain, protect and improve them, to develop new ones, and to protect Kandra Labs
and our users.
We may use the name you provide for your Kandra Labs Zulip Account across all of the
services we offer that require an account. In addition, we may replace
past names associated with your account so that you are represented
consistently across all our services. We may show other users your publicly
visible account information, such as your name.
When you contact Kandra Labs, we may keep a record of your communication to help
solve any issues you might be facing. We may use your email address to inform
you about our services, such as letting you know about upcoming changes or
improvements.
We use information collected from cookies and other technologies to improve
your user experience and the overall quality of our services.
We may combine personal information from one service with information,
including personal information, from other Kandra Labs services.
Kandra Labs processes personal information on our servers in many countries
around the world. We may process your personal information on a server located
outside the country where you live.
## Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your
personal information. If that information is wrong, we strive to give you ways
to update it quickly or to delete it unless we have to keep that information
for legitimate business or legal purposes. When updating your personal
information, we may ask you to verify your identity before we can act on your
request.
We may reject requests that are unreasonably repetitive, require
disproportionate technical effort (for example, developing a new system or
fundamentally changing an existing practice), risk the privacy of others, or
would be extremely impractical (for instance, requests concerning information
residing on backup tapes).
Where we can provide information access and correction, we will do so for
free, except where it would require a disproportionate effort. We aim to
maintain our services in a manner that protects information from accidental or
malicious destruction. Because of this, after you delete information from our
services, we may not immediately delete residual copies from our active servers
and may not remove information from our backup systems.
## Information we share
We do not share personal information with companies, organizations and
individuals outside of Kandra Labs unless one of the following circumstances
apply:
* **With your consent.** We will share personal information with
companies, organizations or individuals outside of Kandra Labs when we
have your consent to do so. We require opt-in consent for the sharing
of any sensitive personal information.
* **With domain administrators.** If your Kandra Labs Zulip Account is
managed for you by a domain administrator then your domain
administrator and resellers who provide user support to your
organization will have access to your account information (including
your email and other data). Your domain administrator may be able to:
* view statistics regarding your account.
* change your account password.
* suspend or terminate your account access.
* access or retain information stored as part of your account.
* receive your account information in order to satisfy applicable
law, regulation, legal process or enforceable governmental
request.
* restrict your ability to delete or edit information or settings.
Please refer to your domain administrators privacy policy for
more information.
* **For external processing.** We provide personal information to our
affiliates or other trusted businesses or persons to process it for
us, based on our instructions and in compliance with our Privacy
Policy.
* **For legal reasons.** We will share personal information with
companies, organizations or individuals outside of Kandra Labs if we,
in our sole discretion, determine that that access, use, preservation
or disclosure of the information is necessary to:
* meet any applicable law, regulation, legal process or
enforceable governmental request.
* enforce applicable Terms of Service, including investigation of
potential violations.
* detect, prevent, or otherwise address fraud, security or
technical issues.
* protect against harm to the rights, property or safety of Kandra
Labs, our users or the public as required or permitted by law.
We may share aggregated, non-personally identifiable information publicly
and with our partners. For example, we may share information publicly to show
trends about the general use of our services.
We may share personal information in connection with an acquisition, merger,
or sale of all or a substantial portion of our business, with or to another
company. In any such event, you will receive notice if your data is transferred
and becomes subject to a substantially different privacy policy.
## Application
Our Privacy Policy applies to all of the services offered by Kandra Labs, Inc.
and its affiliates, including services offered on other sites, but excludes
services that have separate privacy policies that do not incorporate this
Privacy Policy.
Our Privacy Policy does not apply to services offered by other companies or
individuals, sites that may include Zulip services, or other sites linked from
our services. Our Privacy Policy does not cover the information practices of
other companies and organizations who advertise our services, and who may use
cookies, pixel tags and other technologies to serve and offer relevant ads.
## Data Protection Officer
To communicate with our Data Protection Officer, please email
data-protection-officer@zulipchat.com.
## GDPR Compliance
See the article on [Zulip's GDPR compliance](/help/gdpr-compliance)
for details on how Kandra Labs and Zulip comply with the General Data
Protection Regulation.
## Changes
Our Privacy Policy may change from time to time. We will post the latest
version of our privacy policy on this page.
Last modified: May 7, 2021

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# Privacy Policy
As you use our services, we want you to be clear how were using
information.
**Effective date: January 1, 2022**
Our Privacy Policy explains:
At Kandra Labs, Inc. (“Zulip”), we take your privacy seriously. Please read this
Privacy Policy to learn how we treat your personal data. **By using or accessing
our Services in any manner, you acknowledge that you accept the practices and
policies outlined below, and you hereby consent that we will collect, use and
share your information as described in this Privacy Policy.**
* What information we collect and why we collect it.
* How we use that information.
Remember that your use of Zulip's Services is at all times subject to our [Terms
of Service](/policies/terms), which incorporates this Privacy Policy.
Any terms we use in this Policy without defining them have the definitions given
to them in the Terms of Service.
## Information we collect
You may print a copy of this Privacy Policy by clicking
[here](javascript:window.print()).
We collect information to provide better services to all of our users.
## Summary of our Privacy Policy
We collect information in two ways:
We know, privacy policies are no fun. Here at Zulip, our goal is to help make
team collaboration and communication easier for you. In the course of providing
our Services, we will collect certain information about you, which is necessary
for us to best achieve that goal. Our intent is to only collect the information
we need to provide our Services to you. We will only share your data with third
parties to help make our Services a reality. We will not sell your personal
information to third parties.
* **Information you give us.** For example, many of our services
require you to sign up for a Kandra Labs Zulip Account. When you do,
well ask for personal information, like your name, email address, or
telephone number.
## Privacy Policy Table of Contents
* **Information we get from your use of our services.** We may collect
information about the services that you use and how you use them, like
when you interact with our content. This information includes:
* [What this Privacy Policy Covers](#what-this-privacy-policy-covers)
* [Personal Data](#personal-data)
- [Categories of Personal Data We Collect](#categories-of-personal-data-we-collect)
- [Categories of Sources of Personal Data](#categories-of-sources-of-personal-data)
- [Our Commercial or Business Purposes for Collecting Personal Data](#our-commercial-or-business-purposes-for-collecting-personal-data)
* [How We Share Your Personal Data](#how-we-share-your-personal-data)
* [Tracking Tools and Opt-Out](#tracking-tools-and-opt-out)
* [Data Security and Retention](#data-security-and-retention)
* [Personal Data of Children](#personal-data-of-children)
* [California Resident Rights](#california-resident-rights-under-ccpa)
* [Other State Law Privacy Rights](#other-state-law-privacy-rights)
* [European Union Data Subject Rights](#european-union-data-subject-rights)
* [Changes to this Privacy Policy](#changes-to-this-privacy-policy)
* [Contact Information](#contact-information)
* **Device information.** We may collect device-specific
information (such as your hardware model, operating system
version, and unique device identifiers). Kandra Labs may associate
your device identifiers with your Kandra Labs Zulip Account.
* **Log information.** When you use our services or view content
provided by Kandra Labs, we may automatically collect and store
certain information in server logs. This may include:
* details of how you used our service.
* Internet protocol address.
* device event information such as crashes, system activity,
hardware settings, browser type, browser language, the date
and time of your request and referral URL.
* cookies that may uniquely identify your browser or your
Kandra Labs Zulip Account.
## What this Privacy Policy Covers
* **Unique application numbers.** Certain services include a
unique application number. This number and information about your
installation (for example, the operating system type and
application version number) may be sent to Kandra Labs when you
install or uninstall that service or when that service
periodically contacts our servers, such as for automatic
updates.
This Privacy Policy covers how we treat Personal Data that we gather when you
access or use our Services. “Personal Data” means any information that
identifies or relates to a particular individual and also includes information
referred to as “personally identifiable information” or “personal information”
under applicable data privacy laws, rules or regulations. This Privacy Policy
does not cover the practices of companies we dont own or control, or people we
dont manage.
* **Local storage.** We may collect and store information
(including personal information) locally on your device using
mechanisms such as browser web storage (including HTML 5) and
application data caches.
## Personal Data
* **Cookies and anonymous identifiers.** We use various
technologies to collect and store information when you visit our
Zulip service, and this may include sending one or more cookies or
anonymous identifiers to your device. We may also use cookies and
anonymous identifiers when you interact with services we offer to
our partners, such as Zulip features that may appear on other
sites.
### Categories of Personal Data We Collect
## How we use information we collect
This chart details the categories of Personal Data that we may collect and may
have collected from or about you over the past 12 months. Please note that many
of these categories of Personal Data will only be collected if you choose to
provide them to us:
We use the information we collect from all of our services to provide,
maintain, protect and improve them, to develop new ones, and to protect Kandra Labs
and our users.
We may use the name you provide for your Kandra Labs Zulip Account across all of the
services we offer that require an account. In addition, we may replace
past names associated with your account so that you are represented
consistently across all our services. We may show other users your publicly
visible account information, such as your name.
When you contact Kandra Labs, we may keep a record of your communication to help
solve any issues you might be facing. We may use your email address to inform
you about our services, such as letting you know about upcoming changes or
improvements.
We use information collected from cookies and other technologies to improve
your user experience and the overall quality of our services.
We may combine personal information from one service with information,
including personal information, from other Kandra Labs services.
Kandra Labs processes personal information on our servers in many countries
around the world. We may process your personal information on a server located
outside the country where you live.
| **Category of Personal Data** | **Examples of Personal Data We Collect** | **Categories of Third Parties With Whom We Share this Personal Data:** |
| ----------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| **Profile or Contact Data** | - Display name<br>- Email address<br>- Phone number<br>- Profile photo | - Service Providers<br>- Parties You Authorize, Access or Authenticate |
| **Payment Data** | - Payment card type<br>- Payment card number <br>- Billing name, address, phone number, and email | - This information is directly processed by our Service Providers (specifically our payment processing partner, currently Stripe, Inc.). We do not process or store your entire payment card number. |
| **Device/IP Data** | - IP address<br>- Host name<br>- Type of device/operating system/browser used to access the Services | - Service Providers<br>- Analytics Partners |
| **Web Analytics** | - Web page interactions<br>- Referring webpage/source through which you accessed the Services<br>- Statistics associated with the interaction between device or browser and the Services | - Service Providers<br>- Analytics Partners |
| **Social Network Data** | - Email address<br>- User name | - Service Providers |
| **Geolocation Data** | - IP-address-based coarse location information | - Service Providers<br>- Analytics Partners |
| **Other Identifying Information that You Voluntarily Choose to Provide** | - Identifying information in emails, letters, Zulip messages or support communications you send us<br>- Zulip messages, uploaded files, stream descriptions, and other content you provide using our Services (e.g. in a Zulip client) <br>- Values of custom profile fields configured by your Zulip Organization, where you might choose to enter your phone number, job title, birthday, or other biographical details. | - Service Providers<br>- Parties You Authorize, Access or Authenticate |
| **Other Identifying Information that Another User Chooses to Provide to You** | - Messages or other content that other Zulip users may send you. <br>- Messages or content that any Zulip Organization Administrator of a Zulip community that you may join may provide about you. | - Service Providers<br>- Parties You Authorize, Access or Authenticate |
## Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your
personal information. If that information is wrong, we strive to give you ways
to update it quickly or to delete it unless we have to keep that information
for legitimate business or legal purposes. When updating your personal
information, we may ask you to verify your identity before we can act on your
request.
### Categories of Sources of Personal Data
We may reject requests that are unreasonably repetitive, require
disproportionate technical effort (for example, developing a new system or
fundamentally changing an existing practice), risk the privacy of others, or
would be extremely impractical (for instance, requests concerning information
residing on backup tapes).
We collect Personal Data about you from the following categories of sources:
Where we can provide information access and correction, we will do so for
free, except where it would require a disproportionate effort. We aim to
maintain our services in a manner that protects information from accidental or
malicious destruction. Because of this, after you delete information from our
services, we may not immediately delete residual copies from our active servers
and may not remove information from our backup systems.
- **You**
- When you provide such information directly to us.
- When you create an account or use our interactive tools and Services.
- When you voluntarily provide information in free-form text
boxes through the Services or through responses to surveys
or questionnaires.
- When you send us an email or otherwise contact us.
- When you use the Services and such information is collected automatically.
- Through Cookies (defined in the “Tracking Tools and Opt-Out”
section below).
- If you download a Zulip application such as our mobile and
desktop apps, or interact with the Services over a network
using a web browser or other client, we may receive and
collect information about your device and your network
connection (e.g. your IP address).
- If you download a Zulip application such as our mobile and
desktop apps, or interact with the Services over a network
using a web browser or other client, we may receive and
collect information transmitted from your computing device
for the purpose of providing you the relevant Services, such
as information regarding when you are logged on and
available to receive updates or alert notices.
- **Third Parties**
- Vendors
- We may use analytics providers to analyze how you interact
and engage with the Services, or third parties may help us
provide you with customer support.
- When you submit Payment Data to our payment processing
partner Stripe, Inc. (“Stripe”).
- Social Networks
- If you provide your social network account credentials to us
or otherwise sign in to the Services through a third-party
site or service, some content and/or information in those
accounts may be transmitted into your account with us.
- Zulip integrations
- You or other Zulip users may connect an integration that
sends data from a third-party service into Zulip.
- Other Zulip users
- Other Zulip users may send messages or otherwise upload content containing Personal Data.
- Other Zulip users, such as Zulip Organization
Administrators, may import data into the Services via
Zulips API or data import tools.
- Please note that if you upload Personal Data about any other
Zulip User, the Rules of Use require that you acknowledge
and represent that you have authority to provide such
information on behalf of such user.
### Our Commercial or Business Purposes for Collecting Personal Data
## Information we share
- **Providing, Customizing and Improving the Services**
- Creating and managing your account or other user profiles.
- Processing orders or other transactions; billing.
- Providing you with the products, services, or information you request.
- Meeting or fulfilling the reason you provided the information to us.
- Providing support and assistance for the Services.
- Improving the Services, including testing, research, internal analytics,
and product development.
- Personalizing the Services, website content, and communications based on
your preferences.
- Doing fraud protection, security, abuse prevention, and debugging.
- Carrying out other business purposes stated when collecting your Personal
Data or as otherwise set forth in applicable data privacy laws, such as
the California Consumer Privacy Act (the “CCPA”).
We do not share personal information with companies, organizations and
individuals outside of Kandra Labs unless one of the following circumstances
apply:
- **Marketing the Services**
- Marketing and selling the Services.
- **Corresponding with You**
- Responding to correspondence that we receive from you, contacting you when
necessary or requested, and sending you information about Zulip or the
Services.
- Sending emails, mobile notifications, and other communications according
to your preferences or that display content that we think will interest
you.
* **With your consent.** We will share personal information with
companies, organizations or individuals outside of Kandra Labs when we
have your consent to do so. We require opt-in consent for the sharing
of any sensitive personal information.
- **Meeting Legal Requirements and Enforcing Legal Terms**
- Fulfilling our legal obligations under applicable law, regulation, court
order or other legal process, such as preventing, detecting and
investigating security incidents and potentially illegal or prohibited
activities.
- Protecting the rights, property or safety of you, Zulip or another party.
- Enforcing any agreements with you.
- Responding to claims that any posting or other content violates
third-party rights.
- Resolving disputes.
* **With domain administrators.** If your Kandra Labs Zulip Account is
managed for you by a domain administrator then your domain
administrator and resellers who provide user support to your
organization will have access to your account information (including
your email and other data). Your domain administrator may be able to:
We will not collect additional categories of Personal Data or use the Personal
Data we collected for materially different, unrelated or incompatible purposes
without providing you notice.
* view statistics regarding your account.
* change your account password.
* suspend or terminate your account access.
* access or retain information stored as part of your account.
* receive your account information in order to satisfy applicable
law, regulation, legal process or enforceable governmental
request.
* restrict your ability to delete or edit information or settings.
### How We Share Your Personal Data
Please refer to your domain administrators privacy policy for
more information.
We disclose your Personal Data to the categories of service providers and other
parties listed in this section. We do not sell Personal Data.
* **For external processing.** We provide personal information to our
affiliates or other trusted businesses or persons to process it for
us, based on our instructions and in compliance with our Privacy
Policy.
- **Service Providers.** These parties help us provide the Services or perform
business functions on our behalf. They include:
- Hosting, technology and communications providers.
- Analytics providers.
- Security and fraud prevention consultants.
- Support and customer service vendors.
- Payment processors.
- Our payment processing partner Stripe, Inc. (“Stripe”) collects your
voluntarily-provided payment card information necessary to process
your payment.
- Please see Stripes terms of service and privacy policy for
information on its use and storage of your Personal Data.
* **For legal reasons.** We will share personal information with
companies, organizations or individuals outside of Kandra Labs if we,
in our sole discretion, determine that that access, use, preservation
or disclosure of the information is necessary to:
- **Parties You Authorize, Access or Authenticate.** These parties could
include:
- Other Zulip users. When you send a message to another Zulip user or
otherwise provide data to Zulip, it may be shared with some or all other
users in that Zulip Organization. Please note that some Zulip streams [may
be accessible to the general
public](/help/stream-permissions), in addition to the
streams current subscribers. For more information, please review our
[Terms of Service](/policies/terms).
- Zulip Organization Administrators may export all Zulip data for a Zulip
Organization for archival/backup purposes, to import the data into a
self-hosted Zulip server, or for any other purpose consistent with the
Terms of Service. Please note that password hashes are not included in
data exports.
- Other parties that you may authorize, such as third-party Zulip clients or
third-party services to which you provide Zulip credentials, such as your
Zulip API key.
* meet any applicable law, regulation, legal process or
enforceable governmental request.
- **Analytics Partners.** These parties provide analytics on web traffic or
usage of the Services. They include:
- Companies that track how users found or were referred to the Services.
- Companies that track how users interact with the Services.
* enforce applicable Terms of Service, including investigation of
potential violations.
- **Business Partners.** These parties may include:
- Businesses that provide third-party services that you or your Zulip
Organization have integrated with our Services.
* detect, prevent, or otherwise address fraud, security or
technical issues.
### Legal Obligations
* protect against harm to the rights, property or safety of Kandra
Labs, our users or the public as required or permitted by law.
We may share any Personal Data that we collect with third parties in conjunction
with any of the activities set forth under “Meeting Legal Requirements and
Enforcing Legal Terms” in the “Our Commercial or Business Purposes for
Collecting Personal Data” section above.
We may share aggregated, non-personally identifiable information publicly
and with our partners. For example, we may share information publicly to show
trends about the general use of our services.
### Business Transfers
We may share personal information in connection with an acquisition, merger,
or sale of all or a substantial portion of our business, with or to another
company. In any such event, you will receive notice if your data is transferred
and becomes subject to a substantially different privacy policy.
All of your Personal Data that we collect may be transferred to a third party if
we undergo a merger, acquisition, bankruptcy or other transaction in which that
third party assumes control of our business (in whole or in part). Should one of
these events occur, we will make reasonable efforts to notify you before your
information becomes subject to different privacy and security policies and
practices.
## Application
### Data that is Not Personal Data
Our Privacy Policy applies to all of the services offered by Kandra Labs, Inc.
and its affiliates, including services offered on other sites, but excludes
services that have separate privacy policies that do not incorporate this
Privacy Policy.
We may create aggregated, de-identified or anonymized data from the Personal
Data we collect, including by removing information that makes the data
personally identifiable to a particular user. We may use such aggregated,
de-identified or anonymized data and share it with third parties for our lawful
business purposes, including to analyze, build and improve the Services and
promote our business, provided that we will not share such data in a manner that
could identify you.
Our Privacy Policy does not apply to services offered by other companies or
individuals, sites that may include Zulip services, or other sites linked from
our services. Our Privacy Policy does not cover the information practices of
other companies and organizations who advertise our services, and who may use
cookies, pixel tags and other technologies to serve and offer relevant ads.
## Tracking Tools and Opt-Out
## Data Protection Officer
The Services use cookies and similar technologies to enable our servers to
recognize your web browser, tell us how and when you visit and use our Services,
analyze trends, learn about our user base and operate and improve our Services.
Cookies are small pieces of data usually text files placed on your computer,
tablet, phone or similar device when you use that device to access our Services.
We may also supplement the information we collect from you with information
received from third parties, including third parties that have placed their own
cookies on your device(s). Please note that because of our use of cookies, the
Services do not support the [“Do Not Track” setting](https://allaboutdnt.com/)
available in some browsers. We use the following types of cookies:
To communicate with our Data Protection Officer, please email
data-protection-officer@zulipchat.com.
- **Essential Cookies.** Essential cookies are required for providing you with
features or services that you have requested. For example, certain cookies
enable you to log into secure areas of our Services. Disabling these cookies
may make certain features and services unavailable.
## GDPR Compliance
- **Performance/Analytical Cookies.** Performance/Analytical cookies allow us to
understand how visitors use our Services. They do this by collecting
information about the number of visitors to the Services, what pages visitors
view on our Services and how long visitors are viewing pages on the Services.
Performance/Analytical cookies also help us measure the performance of our
advertising campaigns in order to help us improve our campaigns and the
Services content for those who engage with our advertising. For example,
Google LLC (“Google”) uses cookies in connection with its Google Analytics
services. Googles ability to use and share information collected by Google
Analytics about your visits to the Services is subject to the Google Analytics
Terms of Service and the Google Privacy Policy. You have the option to opt-out
of Googles use of cookies by visiting the Google advertising opt-out page at
<https://www.google.com/privacy_ads.html> or the Google Analytics Opt-out
Browser Add-on at <https://tools.google.com/dlpage/gaoptout/>.
See the article on [Zulip's GDPR compliance](/help/gdpr-compliance)
for details on how Kandra Labs and Zulip comply with the General Data
Protection Regulation.
You can decide whether or not to accept cookies through your internet browsers
settings. Most browsers have an option for turning off the cookie feature, which
will prevent your browser from accepting new cookies, as well as (depending on
the sophistication of your browser software) allow you to decide on acceptance
of each new cookie in a variety of ways. You can also delete all cookies that
are already on your device. If you do this, however, you may have to manually
adjust some preferences every time you visit our website and some of the
Services and functionalities may not work.
## Changes
To explore what cookie settings are available to you, look in the “preferences”
or “options” section of your browsers menu. To find out more information about
cookies, including information about how to manage and delete cookies, please
visit <http://www.allaboutcookies.org/> or
<https://ico.org.uk/for-the-public/online/cookies/> if you are located in the
European Union.
Our Privacy Policy may change from time to time. We will post the latest
version of our privacy policy on this page.
## Data Security and Retention
Last modified: May 7, 2021
We seek to protect your Personal Data from unauthorized access, use and
disclosure using appropriate physical, technical, organizational and
administrative security measures based on the type of Personal Data and how we
are processing that data. You should also help protect your data by
appropriately selecting and protecting your password and/or other sign-on
mechanism; limiting access to your computer or device and browser; and signing
off after you have finished accessing your account. Although we work to protect
the security of your account and other data that we hold in our records, please
be aware that no method of transmitting data over the internet or storing data
is completely secure.
We retain Personal Data about you for as long as you have an open account with
us or as otherwise necessary to provide you with our Services. In some cases we
retain Personal Data for longer, if doing so is necessary to comply with our
legal obligations, resolve disputes or collect fees owed, or is otherwise
permitted or required by applicable law, rule or regulation. We may further
retain information in an anonymous or aggregated form where that information
would not identify you personally.
## Personal Data of Children
As noted in the Terms of Service, we do not knowingly collect or solicit
personally identifiable information from children under thirteen (13) years of
age and children below the [minimum age of consent in their
country](/policies/age-of-consent); if you are a
child under the age of thirteen (13) or below the minimum age of consent in your
country, please do not attempt to register for or otherwise use the Services or
send us any personal information. If we learn we have collected personal
information from a child under thirteen (13) years of age or below the minimum
age of consent in their country, we will delete that information as quickly as
possible. If you believe that a child under the age of thirteen (13) or below
the minimum age of consent in their country may have provided us personal
information, please contact us at [privacy@zulip.com](mailto:privacy@zulip.com).
## California Resident Rights under CCPA
If you are a California resident, you have the rights set forth in this section.
Please see the “Exercising Your Rights” section below for instructions regarding
how to exercise these rights. Please note that we may process Personal Data of
our customers end users or employees in connection with our provision of
certain services to our customers. If we are processing your Personal Data as a
service provider, you should contact the entity that collected your Personal
Data in the first instance to address your rights with respect to such data.
If there are any conflicts between this section and any other
provision of this Privacy Policy and you are a California resident,
the portion that is more protective of Personal Data shall control to
the extent of such conflict. If you have any questions about this
section or whether any of the following rights apply to you, please
contact us at [privacy@zulip.com](mailto:privacy@zulip.com).
### Access
You have the right to request certain information about our collection, use, and
disclosure of your Personal Data over the past 12 months. In response, we will
provide you with the following information:
- The categories of Personal Data that we have collected about you.
- The categories of sources from which that Personal Data was collected.
- The business or commercial purpose for collecting, using, or disclosing your
Personal Data.
- The categories of third parties with whom we have shared your Personal Data,
along with a reminder that we do not sell Personal Data.
- The specific pieces of Personal Data that we have collected about you.
### Deletion
You have the right to request that we delete the Personal Data that we have
collected about you. Under the CCPA, this right is subject to certain
exceptions: for example, we may need to retain your Personal Data to provide you
with the Services or complete a transaction or other action you have requested.
If your deletion request is subject to one of these exceptions, we may deny your
deletion request. Please note that we will not be able to delete messages or
other content that you have sent to another Zulip user. If you request deletion
of your account, all such messages and content will be associated with a
“Deleted User.” In addition, please note that anyone that you send messages or
other content to (or who may otherwise have access to such messages or content
through a Zulip Organization or stream) may have downloaded or copied such
messages or content. Zulip will not be able to delete such downloaded or copied
messages or content.
### Exercising Your Rights
To exercise the rights described above, you or your Authorized Agent (defined
below) must send us a request that (1) provides sufficient information to allow
us to verify that you are the person about whom we have collected Personal Data,
which may include proof of ownership of the email address associated with your
Zulip account, and (2) describes your request in sufficient detail to allow us
to understand, evaluate and respond to it. Each request that meets both of these
criteria will be considered a “Valid Request.” We may not respond to requests
that do not meet these criteria. We will only use Personal Data provided in a
Valid Request to verify your identity and complete your request. You do not need
an account to submit a Valid Request. We will work to respond to your Valid
Request within 45 days of receipt. We will not charge you a fee for making a
Valid Request unless your Valid Request(s) is excessive, repetitive or
manifestly unfounded. If we determine that your Valid Request warrants a fee, we
will notify you of the fee and explain that decision before completing your
request. You may submit a Valid Request using the following methods:
- Email us at: [privacy@zulip.com](mailto:privacy@zulip.com).
- Complete this form on our website: <https://zulip.com/support>.
You may also authorize an agent (an “Authorized Agent”) to exercise your rights
on your behalf. To do this, you must provide your Authorized Agent with written
permission to exercise your rights on your behalf, and we may require you to
confirm to us that you did so.
### Personal Data Sales Opt-Out and Opt-In
We will not sell your Personal Data, and have not done so over the last 12
months.
### We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA.
We will not deny you our goods or services, charge you different prices or
rates, or provide you a lower quality of goods and services if you exercise your
rights under the CCPA.
## Other State Law Privacy Rights
### California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are
entitled to contact us to prevent disclosure of Personal Data to third parties
for such third parties direct marketing purposes In order to submit such a
request, please contact us at [privacy@zulip.com](mailto:privacy@zulip.com).
Zulip does not disclose Personal Data to any third parties for the purpose of
such parties direct marketing. However, please note that your Zulip display
name, email address, avatar, and other profile information may be shared with
other users within any Zulip Organization that you join. You can confirm or
change these settings in your
[profile](/accounts/go/?next=%23settings%2Fprofile), and [account and
privacy](/accounts/go/?next=%23settings%2Faccount-and-privacy) settings.
### Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the
sale of certain Personal Data to third parties who intend to license
or sell that Personal Data. You can exercise this right by contacting
us at [privacy@zulip.com](mailto:privacy@zulip.com) with the subject
line “Nevada Do Not Sell Request” and providing us with your name and
the email address associated with your account.
## European Union Data Subject Rights
### EU Residents
If you are a resident of the European Union (“EU”), United Kingdom,
Lichtenstein, Norway or Iceland, you may have additional rights under the EU
General Data Protection Regulation (the “GDPR”) with respect to your Personal
Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are
defined in the GDPR, but “Personal Data” generally means information that can be
used to individually identify a person, and “processing” generally covers
actions that can be performed in connection with data such as collection, use,
storage and disclosure. Zulip will be the controller of your Personal Data
processed in connection with the Services.
If there are any conflicts between this section and any other
provision of this Privacy Policy, the provision or portion that is
more protective of Personal Data shall control to the extent of such
conflict. If you have any questions about this section or whether any
of the following applies to you, please contact us at
[privacy@zulip.com](mailto:privacy@zulip.com). Note that we may also
process Personal Data of our customers end users or employees in
connection with our provision of certain services to customers, in
which case we are the processor of Personal Data. If we are the
processor of your Personal Data (i.e., not the controller), please
contact the controller party in the first instance to address your
rights with respect to such data.
### Personal Data We Collect
The “Categories of Personal Data We Collect” section above details the Personal
Data that we collect from you.
### Personal Data Use and Processing Grounds
The “Our Commercial or Business Purposes for Collecting Personal Data” section
above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so.
Lawful bases for processing include consent, contractual necessity and our
“legitimate interests” or the legitimate interest of others, as further
described below.
- **Contractual Necessity**: We process the following categories of Personal
Data as a matter of “contractual necessity”, meaning that we need to process
the data in order to carry out our obligations under the Terms of Service,
including providing the Services. When we process data due to contractual
necessity, failure to process such Personal Data will result in your or other
Zulip users inability to use some or all portions of the Services that
require such data.
- Profile or Contact Data
- Payment Data
- Other Identifying Information You Voluntarily Choose to Provide
- Other Identifying Information Another User Chooses to Provide to You
- **Legitimate Interest**: We process the following categories of Personal Data
when we believe it furthers the legitimate interest of us or third parties:
- Device/IP Data
- Web Analytics
- Geolocation Data
- Other Identifying Information Another User Chooses to Provide to You
- We may also de-identify or anonymize Personal Data to further our
legitimate interests. Examples of these legitimate interests include:
- Providing, customizing and improving the Services
- Marketing the Services
- Corresponding with you
- Meeting legal requirements and enforcing legal terms
- Completing corporate transactions
- **Consent**: In some cases, we process Personal Data based on the consent you
expressly grant to us at the time we collect such data. When we process
Personal Data based on your consent, it will be expressly indicated to you at
the point and time of collection. This information may include:
- Social Network Data
- **Other Processing Grounds**: From time to time we may also need to process
Personal Data to comply with a legal obligation, if it is necessary to protect
the vital interests of you or other data subjects, or if it is necessary for a
task carried out in the public interest.
### Sharing Personal Data
The “How We Share Your Personal Data” section above details how we share your
Personal Data with third parties.
### EU and UK Data Subject Rights
You have certain rights with respect to your Personal Data, including
those set forth below. For more information about these rights, or to
submit a request, please email us at
[privacy@zulip.com](mailto:privacy@zulip.com). Please note that in
some circumstances, we may not be able to fully comply with your
request, such as if it is frivolous or extremely impractical, if it
jeopardizes the rights of others, or if it is not required by law, but
in those circumstances, we will still respond to notify you of such a
decision. In some cases, we may also need you to provide us with
additional information, which may include Personal Data, if necessary
to verify your identity and the nature of your request.
- **Access**: You can request more information about the Personal Data we hold
about you and request a copy of such Personal Data. You can also access
certain of your Personal Data by logging on to your account.
- **Rectification**: If you believe that any Personal Data we are holding about
you is incorrect or incomplete, you can request that we correct or supplement
such data. You can also correct some of this information directly by logging
on to your account in the Zulip web application.
- **Erasure**: You can request that we erase some or all of your Personal Data
from our systems. Please note that we will not be able to delete messages or
other content that you have sent to another Zulip user. If you request
deletion of your account, all such messages and content will be associated
with a “Deleted User.” In addition, please note that anyone that you send
messages or other content to (or who may otherwise have access to such
messages or content through a Zulip Organization or stream), may have
downloaded or copied such messages or content. Zulip will not be able to
delete such downloaded or copied messages or content.
- **Withdrawal of Consent**: If we are processing your Personal Data based on
your consent (as indicated at the time of collection of such data), you have
the right to withdraw your consent at any time. Please note, however, that if
you exercise this right, you may have to then provide express consent on a
case-by-case basis for the use or disclosure of certain of your Personal Data,
if such use or disclosure is necessary to enable you to utilize some or all of
our Services.
- **Portability**: You can ask for a copy of your Personal Data in a
machine-readable format. You can also request that we transmit the data to
another controller where technically feasible.
- **Objection**: You can contact us to let us know that you object to the
further use or disclosure of your Personal Data for certain purposes, such as
for direct marketing purposes.
- **Restriction of Processing**: You can ask us to restrict further processing
of your Personal Data.
- **Right to File Complaint**: You have the right to lodge a complaint about
Zulip's practices with respect to your Personal Data with the supervisory
authority of your country or EU Member State. A list of Supervisory
Authorities is available here:
<https://edpb.europa.eu/about-edpb/board/members_en>.
### Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through Zulip
and its service providers, and if you do not reside in the U.S., laws in the
U.S. may differ from the laws where you reside. By using the Services, you
acknowledge that any Personal Data about you, regardless of whether provided by
you or obtained from a third party, is being provided to Zulip in the U.S. and
will be hosted on U.S. servers, and you authorize Zulip to transfer, store and
process your information to and in the U.S., and possibly other countries.
## Changes to this Privacy Policy
Were constantly trying to improve our Services, so we may need to change this
Privacy Policy from time to time. When we do so, we will alert you to any such
changes by placing a notice on the Zulip website, by sending you an email and/or
by some other means. Please note that if youve opted not to receive legal
notice emails from us (or you havent provided us with your email address),
those legal notices will still govern your use of the Services, and you are
still responsible for reading and understanding them. We will generally aim to
provide such notice about Privacy Policy changes at least 14 days in advance of
the new Privacy Policy taking effect. If you use the Services after any changes
to the Privacy Policy have come into effect, that means you agree to all of the
changes. Use of information we collect is subject to the Privacy Policy in
effect at the time such information is collected.
## Contact Information
If you have any questions or comments about this Privacy Policy, the ways in
which we collect and use your Personal Data, or your choices and rights
regarding such collection and use, please do not hesitate to contact us at:
- <https://zulip.com/support>
- [privacy@zulip.com](mailto:privacy@zulip.com)
- Kandra Labs, Inc., 450 Townsend Street, San Francisco, CA 94107
If you are located in the European Union or United Kingdom, you may use our
contact information above, or contact our European-based representative:
- European Union Representative: Jack Baylor, 2 Ashton Place, Gardiners Hill Cork, Ireland
- UK Representative: S. Alec Lawton, Graigwen, Plasycoed road, Pontypool Torfaen, NP4 6QH, UK

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# Zulip Rules of Use
**Last updated: December 13, 2021**
Zulip is designed to help thoughtful people work on difficult problems together,
whether they work from a shared office or from all over the world. Zulip offers
an ideal platform for businesses, as well as communities of all types, including
open-source projects, research collaborations, volunteer organizations, and
other groups of people who share a common pursuit.
This document lays out rules of appropriate behavior that apply to all Zulip
organizations. Owners of Zulip organizations are expected to manage their
organizations to help avoid problematic behavior. Open organizations are
additionally encouraged to write a Code of Conduct and link to it from their
[organization profile](/help/create-your-organization-profile), to provide
further guidance on expected behavior in their communities.
If you encounter a Zulip message or behavior by a Zulip user that appears to
violate these rules, please [report it to us](/support). We aim to be thoughtful
and judicious in handling reported content. Depending on the severity and scope
of the problem, our response may include issuing a warning, removing the
content, deactivating user accounts or organizations, and/or reporting the
behavior to law enforcement. Capitalized terms used below but not defined in
these rules have the meaning set forth in the [Terms of Service](/policies/terms).
## Safety
You may not engage in, promote, organize, incite, induce, encourage, or support
any of the following:
- **Violence, including terrorism, violent extremism, animal cruelty,
suicide, and self-harm**.
- **Bullying, abuse, or harassment** of any individual or group of people. This
includes threatening anyone or wishing or hoping that someone experiences
physical harm.
- **Distribution of content that violates the privacy rights of any other
person.** This includes personal information about any other person that you
do not have permission to share (“doxxing”).
- **Hateful content.** You may not attack, threaten, or harass any individual or
group on the basis of attributes such as their race, ethnicity, national
origin, caste, religious affiliation, sexual orientation, gender or gender
identity, age, disability, or disease.
- **Harmful misinformation.** This includes misinformation that has the
potential to cause imminent physical harm, or that is defamatory. Deceptively
sharing synthetic or manipulated media is also prohibited.
- **Human trafficking and exploitation, including child sexual exploitation.**
This includes sharing content or links which depict minors in a pornographic,
sexually suggestive, or violent manner, and includes illustrated or digitally
altered pornography that depicts minors. If we become aware of apparent child
exploitation, we will report it to the National Center for Missing and
Exploited Children (NCMEC).
- **Sexually explicit content and pornography as well as commercial sexual
services.** This includes requesting, offering, or asking for rates for
sexual or escort services.
- **Fraud and deception**, including financial scams such as fake loans,
multi-level marketing schemes, get-rich-quick schemes, money-laundering
schemes, gambling scams, insurance scams, and “money mule” businesses.
- **Distribution of content that violates the intellectual property rights,
privacy rights, or other rights of anyone else (including Zulip).**
- **Cybercrime, hacking, cracking, or distribution of pirated software or stolen
accounts.**
- **The sale of banned or dangerous goods** such as weapons, drugs, or other
illegal substances. Attempting to provide material support or resources (or to
conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act or other laws and regulations concerning
national security, defense or terrorism is strictly prohibited.
- **Any other illegal behavior.** Activities that violate any applicable law,
including, but not limited to, all intellectual property, data, privacy, and
export control laws and regulations promulgated by any government agencies,
including, but not limited to, the U.S. Securities and Exchange Commission,
and any rules of any national and other securities exchanges, are prohibited.
## Security
- **Do not attempt to compromise the security of other users of the Services,**
such as attempting to obtain the password or other security information of any
other user, or to gain access to their account**.**
- **Do not attempt to compromise the security of the Services themselves.** This
includes violating the security of any computer network or system, cracking
any passwords or encrypted communications, or compromising, breaking, or
circumventing any of the technical processes or security measures associated
with the Services. Do not attempt to test for vulnerabilities in our systems
or networks without explicit prior consent.
- **Do not exceed or circumvent rate limits,** run automated processes that
interfere with the proper working of the Services, place an unreasonable load
on the Services infrastructure, or otherwise cause excess or abusive usage.
- **Do not permit any third party to access your account** or the authentication
credentials you use to access the Services. This includes selling, reselling,
sublicensing, or time-sharing Zulip accounts.
- **Do not share viruses or malware**, or attempt to hack, phish, or DDoS
others.
- **Do not automatically create or access accounts** for the Services (a.k.a.
“scraping”) by means other than our publicly supported interfaces. If you wish
to embed Zulip as the chat backend for your own product, you must self-host
your own Zulip server, rather than using Zulip Cloud.
## Spam and deception
- **Do not send spam**, including unsolicited communications, promotions, or
advertisements.
- **Do not target other accounts with notification spam** by mentioning someone
or sending them private messages that they do not want.
- **Do not use other accounts to contact a user who has muted you** or create a
new account in an organization that has deactivated your account for abusive
behavior**.** Do not circumvent features we offer to enable users to protect
themselves from abusive behavior.
- **Do not impersonate someone else** (individuals, groups, organizations, Zulip
staff or organization administrators, or other users) in a manner that is
intended to or does mislead, confuse, or deceive anyone, such as “spoofing” or
“phishing”.
- **Do not submit false reports** of abusive behavior by other users.
- **Do not contact users outside of the Services** using contact information
obtained from the Services (including email addresses) without their consent.
Do not create or distribute mailing lists or other collections of contact or
user profile information for use outside of the Services.
## Third-party clients
Zulip is 100% open-source software, and we welcome third-party clients that work
with Zulips API or that allow Zulip users to connect to Zulip as well as other
chat services from a single client. Developers of third-party clients marketed
as working with the Zulip Cloud service are required to follow these additional
rules to protect our users:
- **Third-party clients must comply with global privacy laws**, including GDPR and
CCPA, in their processing of any user data, including telemetry and
error-reporting data.
- **Use security best practices** to protect Zulip users who use your client. For
example, if your client uses the Electron browser framework, you should
implement the [Electron Security
guidelines](https://www.electronjs.org/docs/latest/tutorial/security).
Projects that are early in development and potentially not yet secure must be
advertised as insecure and not intended for general use.
- **Do not sell data** collected from Zulip users to third parties.
- **Do not sell third-party advertisements** for display within a Zulip client.
If you have any questions about the Zulip Rules of Use or would like to report a
violation, please contact us at [support@zulip.com](mailto:support@zulip.com).

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## [Terms of Service](/policies/terms)
## [Privacy Policy](/policies/privacy)
# Policies
* [Index](/policies/)
* [Terms of Service](/policies/terms)
* [Privacy Policy](/policies/privacy)
* [Rules of Use](/policies/rules)
* [Age of consent](/policies/age-of-consent)
* [Data Processing Addendum](/static/images/policies/Zulip-Data-Processing-Addendum.pdf)
## Archive
* [Terms of Service in 2021](/policies/terms-before-2022)
* [Privacy Policy in 2021](/policies/privacy-before-2022)

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# Terms of Service for the Zulip service by Kandra Labs (prior to 2022)
!!! warn ""
Starting January 1, 2022, these terms are replaced by the updated
[Terms of Service](/policies/terms).
### Welcome to Zulip!
Thanks for using our products and services ("Services"). The Services are
provided by Kandra Labs, Inc. ("Kandra Labs"), located at
450 Townsend Street, San Francisco, CA 94107, United States.
By using our Services, you are agreeing to these terms. Please read them
carefully.
The Services are not intended for use by you if you are under 13 years of
age. By agreeing to these terms, you are representing to us that you are over
13.
### Using our Services
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or
try to access them using a method other than the interface and the instructions
that we provide. You may use our Services only as permitted by law, including
applicable export and re-export control laws and regulations. We may suspend or
stop providing our Services to you if you do not comply with our terms or
policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property
rights in our Services or the content you access. You may not use content from
our Services unless you obtain permission from its owner or are otherwise
permitted by law. These terms do not grant you the right to use any branding or
logos used in our Services. Don't remove, obscure, or alter any legal notices
displayed in or along with our Services.
Our Services display some content that does not belong to Kandra Labs. This content is the
sole responsibility of the entity that makes it available. We may review
content to determine whether it is illegal or violates our policies, and we may
remove or refuse to display content that we reasonably believe violates our
policies or the law. But that does not necessarily mean that we review content,
so please don't assume that we do.
In connection with your use of the Services, we may send you service
announcements, administrative messages, and other information. You may opt out
of some of those communications.
### Your Kandra Labs Zulip Account
You may need a Kandra Labs Zulip Account ("Account") in order to use some of our Services. You may
create your own Account, or your Account may be assigned to you
by an administrator, such as your employer or educational institution. If you
are using an Account assigned to you by an administrator, different or
additional terms may apply and your administrator may be able to access or
disable your account.
If you learn of any unauthorized use of your password or account, contact
[support@zulipchat.com](mailto:support@zulipchat.com).
### Privacy and Copyright Protection
The Kandra Labs [privacy policy](/privacy) explains how we treat your
personal data and protect your privacy when you use our Services. By using our
Services, you agree that Kandra Labs can use such data in accordance with our
privacy policy.
We respond to notices of alleged copyright infringement and terminate
accounts of repeat infringers according to the process set out in the U.S.
Digital Millennium Copyright Act.
Our designated agent for notice of alleged copyright infringement on the
Services is:
> Copyright Agent
> Kandra Labs, Inc.
> 450 Townsend Street
> San Francisco, CA 94107
> [copyright@zulipchat.com](mailto:copyright@zulipchat.com)
### Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of
any intellectual property rights that you hold in that content. In short, what
belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give Kandra Labs
(and those we work with) a worldwide license to use, host, store, reproduce,
modify, create derivative works (such as those resulting from translations,
adaptations or other changes we make so that your content works better with our
Services), communicate, publish, perform, display and distribute such content.
The rights you grant in this license are for the limited purpose of operating
and improving our Services, and to develop new ones. This license continues
even if you stop using our Services (for example, so that we can deliver a
message that you sent to another Account before you stopped using our
Services). Some Services may offer you ways to access and remove content that
has been provided to that Service. Also, in some of our Services, there may be
terms or settings that narrow the scope of our use of the content submitted in
those Services. Make sure you have the necessary rights to grant us this
license for any content that you submit to our Services. If you use the
Services to share content with others, anyone you've shared content with
(including the general public, in certain circumstances) may have access to the
content.
In order to provide the Services, our servers save a record of the messages
received by each Account (the "Received Message Information" for the
account). If you are using our Services on behalf of a business and a
representative of that business sends [data@zulipchat.com](mailto:data@zulipchat.com)
a request to delete all of your business' accounts with us, then within a
commercially reasonable period of time, we will close all of your business'
accounts with us and delete the Received Message Information for each such
account by removing pointers to the information on our active servers and
overwriting it over time. Notwithstanding the foregoing, deleting the Received
Message Information for your business' accounts will not require deleting any
information about messages that were sent or received by any Accounts that
are not one of your business' accounts with us (such as system-wide announcement
messages or any messages corresponding with the Kandra Labs support team).
You can find more information about how Kandra Labs uses and stores content in
the privacy policy. If you submit feedback or suggestions about our Services,
we may use your feedback or suggestions without obligation to you.
### About Software in our Services
When a Service requires or includes downloadable software, this software may
update automatically on your device once a new version or feature is available.
Some Services may let you adjust your automatic update settings.
Kandra Labs gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you by Kandra Labs as part of
the Services. This license is for the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided by Kandra Labs, in the manner
permitted by these terms. You may not copy, modify, distribute, sell, or lease
any part of our Services or included software, nor may you reverse engineer or
attempt to extract the source code of that software, unless laws prohibit those
restrictions or you have our written permission.
Some software used in our Services may be offered under an open source
license that we will make available to you. There may be provisions in the
open source license that expressly override some of these terms.
### Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove
functionalities or features, and we may suspend or stop a Service
altogether.
You can stop using our Services at any time, although we'll be sorry to see
you go. Kandra Labs may also stop providing Services to you, or add or create new
limits to our Services at any time.
We believe that you own your data and preserving your access to such data is
important. If we discontinue a Service, we will, if it is practical in our sole
discretion, give you reasonable advance notice and a chance to get information
out of that Service.
### Our Warranties and Disclaimers
We hope that you will enjoy using our Services, but there are certain things
that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER KANDRA LABS NOR ITS
SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR
EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES,
THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR
ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO
THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
### Liability for our Services
WHEN PERMITTED BY LAW, KANDRA LABS, AND KANDRA LABS'S SUPPLIERS AND DISTRIBUTORS, WILL
NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR
INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KANDRA LABS, AND ITS
SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY
IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE DOLLARS ($5) OR THE
AMOUNT PAID BY YOU TO KANDRA LABS FOR THE PAST THREE MONTHS OF THE SERVICES IN
QUESTION.
IN ALL CASES, KANDRA LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
### Business uses of our Services
If you are using our Services on behalf of a business, that business accepts
these terms. It will hold harmless and indemnify Kandra Labs and its affiliates,
officers, agents, and employees from any claim, suit or action arising from or
related to the use of the Services or violation of these terms, including any
liability or expense arising from claims, losses, damages, suits, judgments,
litigation costs and attorneys' fees.
You agree that we, in our sole discretion, may use your trade names,
trademarks, service marks, logos, domain names and other distinctive brand
features in presentations, marketing materials, customer lists, financial
reports and Web site listings (including links to your website) for the purpose
of advertising or publicizing your use of our products or services.
### Export Compliance
If you are located outside of the United States or are not a U.S. person,
you certify that you do not reside in Cuba, Iran, North Korea, Sudan, or Syria,
and you certify the following: "We certify that this beta test software will
only be used for beta testing purposes, and will not be rented, leased, sold,
sublicensed, assigned, or otherwise transferred. Further, we certify that we
will not transfer or export any product, process, or service that is the direct
product of the beta test software."
### About these Terms
If it turns out that a particular term is not enforceable, this will not
affect any other terms.
If you do not comply with these terms, and we don't take action right away,
this doesn't mean that we are giving up any rights that we may have (such as
taking action in the future).
These terms control the relationship between Kandra Labs and you. They do not
create any third party beneficiary rights.
The laws of California, U.S.A., excluding California's conflict of
laws rules, will apply to any disputes arising out of or relating to these
terms or the Services. All claims arising out of or relating to these terms or
the Services will be litigated exclusively in the applicable federal or state
courts of California, and you and Kandra Labs consent to personal jurisdiction in
those courts.
Kandra Labs reserves the right to amend or modify these terms at any time and in
any manner by providing reasonable notice to you. You agree that reasonable
notice may be provided by posting on Kandra Labs's web site, email, or other written
notice. By continuing to access or use the Services after revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, please stop using the Services.
These terms constitute the whole legal agreement between you and Kandra Labs, and
completely replace any prior agreements between you and Kandra Labs in relation to
the Services.
Last modified: May 7, 2021

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@ -1,245 +1,734 @@
# Terms of Service for the Zulip service by Kandra Labs
# Terms of Service
### Welcome to Zulip!
**Effective date: January 1, 2022**
Thanks for using our products and services ("Services"). The Services are
provided by Kandra Labs, Inc. ("Kandra Labs"), located at
450 Townsend Street, San Francisco, CA 94107, United States.
Welcome to Zulip. Please read on to learn the rules and restrictions that govern
your use of our website(s), products, services and applications (the
“Services”). If you have any questions, comments, or concerns regarding these
terms or the Services, please contact us at:
By using our Services, you are agreeing to these terms. Please read them
carefully.
* Email: [support@zulip.com](mailto:support@zulip.com)
* Address: Kandra Labs Inc., 450 Townsend Street, San Francisco, CA 94107
The Services are not intended for use by you if you are under 13 years of
age. By agreeing to these terms, you are representing to us that you are over
13.
These Terms of Service (the “Terms”) are a binding contract between you and
**KANDRA LABS, INC.** (“Zulip,” “we” and “us”). Your use of the Services in any
way means that you agree to all of these Terms, and these Terms will remain in
effect while you use the Services. These Terms include the provisions in this
document as well as those in the [Privacy Policy](/policies/privacy),
[Rules of Use](/policies/privacy), and, if applicable, Data Processing Addendum. **Your
use of or participation in certain Services may also be subject to additional
policies, rules and/or conditions (“Additional Terms”), which are incorporated
herein by reference, and you understand and agree that by using or participating
in any such Services, you agree to also comply with these Additional Terms.**
### Using our Services
**Please read these Terms carefully.** They cover important information about
Services provided to you and any charges, taxes, and fees we bill you. **These
Terms include information about future changes to these Terms, automatic
renewals, limitations of liability, a class action waiver and resolution of
disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND
ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE
TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.**
You must follow any policies made available to you within the Services.
**ARBITRATION NOTICE AND CLASS ACTION WAIVER:** EXCEPT FOR CERTAIN TYPES OF
DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT
DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION
AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION.
Don't misuse our Services. For example, don't interfere with our Services or
try to access them using a method other than the interface and the instructions
that we provide. You may use our Services only as permitted by law, including
applicable export and re-export control laws and regulations. We may suspend or
stop providing our Services to you if you do not comply with our terms or
policies or if we are investigating suspected misconduct.
## Will these Terms ever change?
Using our Services does not give you ownership of any intellectual property
rights in our Services or the content you access. You may not use content from
our Services unless you obtain permission from its owner or are otherwise
permitted by law. These terms do not grant you the right to use any branding or
logos used in our Services. Don't remove, obscure, or alter any legal notices
displayed in or along with our Services.
We are constantly trying to improve our Services, so these Terms may
need to change along with our Services. We reserve the right to change
the Terms at any time, but if we do, we will place a notice on our
site located at [https://zulip.com/policies/terms](/policies/terms),
send you an email, and/or notify you by some other means. We will
generally aim to provide such notice about changes to the Terms at
least 14 days in advance of the new Terms taking effect.
Our Services display some content that does not belong to Kandra Labs. This content is the
sole responsibility of the entity that makes it available. We may review
content to determine whether it is illegal or violates our policies, and we may
remove or refuse to display content that we reasonably believe violates our
policies or the law. But that does not necessarily mean that we review content,
so please don't assume that we do.
If you dont agree with the new Terms, you are free to reject them;
unfortunately, that means you will no longer be able to use the Services. If you
use the Services in any way after a change to the Terms is effective, that means
you agree to all of the changes.
In connection with your use of the Services, we may send you service
announcements, administrative messages, and other information. You may opt out
of some of those communications.
Except for changes by us as described here, no other amendment or modification
of these Terms will be effective unless in writing and signed by both you and
us.
### Your Kandra Labs Zulip Account
## What about my privacy?
You may need a Kandra Labs Zulip Account ("Account") in order to use some of our Services. You may
create your own Account, or your Account may be assigned to you
by an administrator, such as your employer or educational institution. If you
are using an Account assigned to you by an administrator, different or
additional terms may apply and your administrator may be able to access or
disable your account.
Zulip takes the privacy of its users very seriously; see our [Privacy
Policy](/policies/privacy) for details.
If you learn of any unauthorized use of your password or account, contact
[support@zulipchat.com](mailto:support@zulipchat.com).
### Childrens Online Privacy Protection Act
### Privacy and Copyright Protection
The Childrens Online Privacy Protection Act (“COPPA”) requires that
online service providers obtain parental consent before they knowingly
collect personally identifiable information online from children who
are under thirteen (13). We do not knowingly collect or solicit
personally identifiable information from children under thirteen (13)
years of age and children below the minimum [minimum age of consent in
their country](/policies/age-of-consent); if you are a child under the
age of thirteen (13) or below the minimum age of consent in your
country, please do not attempt to register for or otherwise use the
Services or send us any personal information. If we learn we have
collected personal information from a child under thirteen (13) years
of age or below the minimum age of consent in their country, we will
delete that information as quickly as possible. If you believe that a
child under the age of thirteen (13) or below the minimum age of
consent in their country may have provided us personal information,
please contact us at [privacy@zulip.com](mailto:privacy@zulip.com).
The Kandra Labs [privacy policy](/privacy) explains how we treat your
personal data and protect your privacy when you use our Services. By using our
Services, you agree that Kandra Labs can use such data in accordance with our
privacy policy.
## What are the basics of using Zulip?
We respond to notices of alleged copyright infringement and terminate
accounts of repeat infringers according to the process set out in the U.S.
Digital Millennium Copyright Act.
To use some of the Services, you may be required to sign up for an account,
select a password and display name (“Zulip Display Name”), and provide us with
certain information or data, such as your email address. You agree that you are
solely responsible for ensuring that your registration information, including
your email address, is accurate, complete and up to date. You may not select as
your Zulip Display Name a name that you do not have the right to use, or another
persons name with the intent to impersonate that person. You may not transfer
your account to anyone else without our prior written permission.
Our designated agent for notice of alleged copyright infringement on the
Services is:
Additionally, you may be able to access certain parts or features of the
Services by using your account credentials from third party services (“Third
Party Accounts”), such as those offered by Google and Apple. By using the
Services through a Third Party Account, you permit us to access certain
information from such account for use by the Services. You are ultimately in
control of how much information is accessible to us and may exercise such
control by adjusting your privacy settings on your Third Party Account.
> Copyright Agent
> Kandra Labs, Inc.
> 450 Townsend Street
> San Francisco, CA 94107
You represent and warrant that you are an individual of legal age to form a
binding contract (or if not, youve received your parents or guardians
permission to use the Services and have gotten your parent or guardian to agree
to these Terms on your behalf). If youre agreeing to these Terms on behalf of
an organization or entity or creating or administering an organization or group
in use of the Services (each such organization, entity, or group, a “Zulip
Organization”, and each administrator of a Zulip Organization, a “Zulip
Organization Administrator”), you represent and warrant that you are authorized
to agree to these Terms on such Zulip Organizations behalf and bind them to
these Terms (in which case, the references to “you” and “your” in these Terms,
except for in this sentence, refer to that Zulip Organization).
> [copyright@zulipchat.com](mailto:copyright@zulipchat.com)
You will only use the Services for your own internal, personal use, and not on
behalf of or for the benefit of any third party, and only in a manner that
complies with all laws that apply to you. If your use of the Services is
prohibited by applicable laws, then you arent authorized to use the Services.
We cant and wont be responsible for your using the Services in a way that
breaks the law.
### Your Content in our Services
You will not share your Zulip account or password with anyone, and you must
protect the security of your Zulip account, your password, and any other access
tools or credentials. Youre responsible for any activity associated with your
Zulip account.
Some of our Services allow you to submit content. You retain ownership of
any intellectual property rights that you hold in that content. In short, what
belongs to you stays yours.
## What about notifications?
When you upload or otherwise submit content to our Services, you give Kandra Labs
(and those we work with) a worldwide license to use, host, store, reproduce,
modify, create derivative works (such as those resulting from translations,
adaptations or other changes we make so that your content works better with our
Services), communicate, publish, perform, display and distribute such content.
The rights you grant in this license are for the limited purpose of operating
and improving our Services, and to develop new ones. This license continues
even if you stop using our Services (for example, so that we can deliver a
message that you sent to another Account before you stopped using our
Services). Some Services may offer you ways to access and remove content that
has been provided to that Service. Also, in some of our Services, there may be
terms or settings that narrow the scope of our use of the content submitted in
those Services. Make sure you have the necessary rights to grant us this
license for any content that you submit to our Services. If you use the
Services to share content with others, anyone you've shared content with
(including the general public, in certain circumstances) may have access to the
content.
As part of the Services, you may receive communications through the Services,
including notifications that Zulip sends you (for example, via email or SMS).
When signing up for the Services, you will receive a welcome notification and
instructions on how to stop receiving notifications. **By signing up for the
Services and providing us with your wireless number, you confirm that you want
Zulip to send you information regarding your account or transactions with us,
which may include Zulip using automated dialing technology to text you at the
wireless number you provided, and you agree to receive communications from
Zulip, and you represent and warrant that each person you register for the
Services or for whom you provide a wireless phone number has consented to
receive communications from Zulip.** You agree to indemnify and hold Zulip
harmless from and against any and all claims, liabilities, damages (actual and
consequential), losses and expenses (including attorneys fees) arising from or
in any way related to any breach of the foregoing on your part.
In order to provide the Services, our servers save a record of the messages
received by each Account (the "Received Message Information" for the
account). If you are using our Services on behalf of a business and a
representative of that business sends [data@zulipchat.com](mailto:data@zulipchat.com)
a request to delete all of your business' accounts with us, then within a
commercially reasonable period of time, we will close all of your business'
accounts with us and delete the Received Message Information for each such
account by removing pointers to the information on our active servers and
overwriting it over time. Notwithstanding the foregoing, deleting the Received
Message Information for your business' accounts will not require deleting any
information about messages that were sent or received by any Accounts that
are not one of your business' accounts with us (such as system-wide announcement
messages or any messages corresponding with the Kandra Labs support team).
## What are my rights in the Services?
You can find more information about how Kandra Labs uses and stores content in
the privacy policy. If you submit feedback or suggestions about our Services,
we may use your feedback or suggestions without obligation to you.
The materials displayed or performed or available on or through the Services,
including, but not limited to, text, graphics, data, articles, photos, images,
illustrations, User Submissions (as defined below) and so forth (all of the
foregoing, the “Content”) are protected by copyright and/or other intellectual
property laws. You promise to abide by all copyright notices, trademark rules,
information, and restrictions contained in any Content you access through the
Services, and you wont use, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell,
commercialize or otherwise exploit for any purpose any Content not owned by you
in a way that violates someone elses (including Zulip's) rights.
Subject to these Terms, we grant each user of the Services a worldwide,
non-exclusive, non-sublicensable and non-transferable license to:
### About Software in our Services
- Use (i.e., to download and display locally) Content solely for purposes of
using the Services.
When a Service requires or includes downloadable software, this software may
update automatically on your device once a new version or feature is available.
Some Services may let you adjust your automatic update settings.
- Export Content via the official Zulip API and distribute such Content for
legitimate purposes (e.g., a public archive or mirror which is approved by
organization owners).
Kandra Labs gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you by Kandra Labs as part of
the Services. This license is for the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided by Kandra Labs, in the manner
permitted by these terms. You may not copy, modify, distribute, sell, or lease
any part of our Services or included software, nor may you reverse engineer or
attempt to extract the source code of that software, unless laws prohibit those
restrictions or you have our written permission.
Use, reproduction, modification, distribution or storage of any Content for any
purpose other than using the Services is expressly prohibited without prior
written permission from us.
Some software used in our Services may be offered under an open source
license that we will make available to you. There may be provisions in the
open source license that expressly override some of these terms.
You understand that Zulip owns the Services. You wont modify, publish,
transmit, participate in the transfer or sale of, reproduce (except as expressly
provided in this Section), create derivative works based on, or otherwise
exploit any of the Services. You will also not upload to, or transmit from, the
Services any data, file, software, or link that contains or redirects to a
virus, Trojan horse, worm, or other harmful component or a technology that
unlawfully accesses or downloads content or information stored within the
Services. The Services may allow you to copy or download certain Content, but
please remember that even where these functionalities exist, all the
restrictions in this section still apply.
## What about anything I contribute to the Services? Do I have to grant any licenses to Zulip or to other users?
### Modifying and Terminating our Services
### User Submissions
We are constantly changing and improving our Services. We may add or remove
functionalities or features, and we may suspend or stop a Service
altogether.
Anything you post, upload, share, store, or otherwise provide through the
Services is your “User Submission”. Some User Submissions may be viewable by
other users or by anyone on the Internet. You are solely responsible for all
User Submissions you contribute to the Services. You represent that all User
Submissions submitted are not false, deceptive, or misleading, and are in
compliance with all applicable laws, rules and regulations.
You can stop using our Services at any time, although we'll be sorry to see
you go. Kandra Labs may also stop providing Services to you, or add or create new
limits to our Services at any time.
### Licenses
Your User Submissions remain yours. These Terms dont give us any ownership in
your User Submissions, or any rights to them except the limited rights set forth
below.
We believe that you own your data and preserving your access to such data is
important. If we discontinue a Service, we will, if it is practical in our sole
discretion, give you reasonable advance notice and a chance to get information
out of that Service.
To provide the Services, we need your permission to do things like storing your
User Submissions and showing them to the people you send messages to, or who
otherwise have permission to see them (for example, any member of your Zulip
Organization for a message you send to a public stream.) Our Services also
provide you with features like sharing and searching. To provide these and other
features, Zulip may access, use, store, copy, process, adapt, distribute,
perform, export, and display your User Submissions. Note that the following
licenses are subject to our [Privacy Policy](/policies/privacy) to the extent
they relate to User Submissions that are also your personally-identifiable
information.
You give us permission to do these things only as reasonably necessary (a) to
deliver the Services; (b) to prevent or address service, security, support,
abuse or technical issues; or (c) as required by law. This license is
non-exclusive, worldwide, perpetual, royalty-free, fully paid, sublicensable and
transferable to use, edit, modify, truncate, aggregate, reproduce, distribute,
prepare derivative works of, display, perform, and otherwise fully exploit the
User Submissions in connection with the Services and extends to our affiliates
and trusted third parties we work with.
### Our Warranties and Disclaimers
Other people may have access to your User Submissions through the Services, and
you also give those people a non-exclusive, worldwide permission to do these
things, only as permitted by the functionality of the Services and these Terms.
For example:
We hope that you will enjoy using our Services, but there are certain things
that we don't promise about our Services.
- People you send a Zulip message to may view the message through the Services.
- Your Zulip Organization Administrators may [export the Zulip Organizations
data](/help/export-your-organization) for archival or backup purposes, or to
import the data into a self-hosted Zulip server.
- Messages on a web-public stream may be viewed by anyone on the Internet.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER KANDRA LABS NOR ITS
SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR
EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES,
THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR
ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
When you delete your Zulip account, we will stop displaying your User
Submissions in association with your account, if applicable. You understand that
User Submissions may still be viewable in association with a “deleted user”
after you delete your Zulip account. You understand and agree that it may not be
possible to completely delete that content from Zulip's records, and that your
User Submissions may remain viewable elsewhere to the extent that they were
copied or stored by other users.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO
THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
We welcome feedback, but note that by sending any feedback, you grant us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use,
modify, prepare derivative works from, publish, distribute and sublicense any
such feedback, and we may incorporate into our products and services any
feedback, comments, or suggestions without any obligation or compensation to
you.
## Are there restrictions in how I can use the Services?
### Liability for our Services
You represent, warrant, and agree that you will not provide or contribute
anything, including any Content or User Submission, to the Services, or
otherwise use or interact with the Services, in a manner that is not consistent
with the [Zulip Rules of Use](/policies/rules). A violation of any of the Zulip
Rules of Use is grounds for termination of your right to use or access the
Services.
WHEN PERMITTED BY LAW, KANDRA LABS, AND KANDRA LABS'S SUPPLIERS AND DISTRIBUTORS, WILL
NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR
INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
## What if I see something on the Services that infringes my copyright?
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KANDRA LABS, AND ITS
SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY
IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE DOLLARS ($5) OR THE
AMOUNT PAID BY YOU TO KANDRA LABS FOR THE PAST THREE MONTHS OF THE SERVICES IN
QUESTION.
In accordance with the DMCA, weve adopted the following policy toward copyright
infringement. We reserve the right to (1) block access to or remove material
that we believe in good faith to be copyrighted material that has been illegally
copied and distributed by any of our advertisers, affiliates, content providers,
members or users and (2) remove and discontinue service to repeat offenders.
IN ALL CASES, KANDRA LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
* **Procedure for Reporting Copyright Infringements**. If you believe that
material or content residing on or accessible through the Services infringes
your copyright (or the copyright of someone whom you are authorized to act on
behalf of), please send a notice of copyright infringement containing the
following information to Zulip's Designated Agent to Receive Notification of
Claimed Infringement (our “Designated Agent,” whose contact details are
listed below):
* (a) A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright that has been allegedly infringed;
* (b) Identification of works or materials being infringed;
* (c) Identification of the material that is claimed to be infringing including
information regarding the location of the infringing materials that the
copyright owner seeks to have removed, with sufficient detail so that we
are capable of finding and verifying its existence;
* (d) Contact information about the notifier including address, telephone number
and, if available, email address;
* (e) A statement that the notifier has a good faith belief that the material
identified in (c) is not authorized by the copyright owner, its agent,
or the law; and
* (f) A statement made under penalty of perjury that the information provided is
accurate and the notifying party is authorized to make the complaint on
behalf of the copyright owner.
* **Once Proper Bona Fide Infringement Notification is Received by the
Designated Agent**. Upon receipt of a proper notice of copyright
infringement, we reserve the right to:
* (a) remove or disable access to the infringing material;
* (b) notify the content provider who is accused of infringement that we have
removed or disabled access to the applicable material; and
* (c) terminate such content provider's access to the Services if they are a
repeat offender.
* **Procedure to Supply a Counter-Notice to the Designated Agent**. If the
content provider believes that the material that was removed (or to which
access was disabled) is not infringing, or the content provider believes that
it has the right to post and use such material from the copyright owner, the
content provider may send us a counter-notice containing the following
information to the Designated Agent:
* (a) A physical or electronic signature of the content provider;
* (b) Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or disabled;
* (c) A statement under penalty of perjury that the content provider has a
good faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material; and
* (d) Content provider's name, address, telephone number, and, if available,
email address, and a statement that the content provider consents to the
jurisdiction of the Federal Court for the judicial district in which the
content providers address is located, or, if the content provider's
address is located outside the United States, for any judicial district
in which Company is located, and that the content provider will accept
service of process from the person who provided notification of the
alleged infringement or an agent of such person.
If a counter-notice is received by the Designated Agent, Company may, in its
discretion, send a copy of the counter-notice to the original complaining party
informing that person that Company may replace the removed material or cease
disabling it in 10 business days. Unless the copyright owner files an action
seeking a court order against the content provider accused of committing
infringement, the removed material may be replaced or access to it restored 10
business days or more after receipt of the counter-notice, at Company's
discretion.
### Business uses of our Services
Please contact Zulip's Designated Agent at the following address:
If you are using our Services on behalf of a business, that business accepts
these terms. It will hold harmless and indemnify Kandra Labs and its affiliates,
officers, agents, and employees from any claim, suit or action arising from or
related to the use of the Services or violation of these terms, including any
liability or expense arising from claims, losses, damages, suits, judgments,
litigation costs and attorneys' fees.
Kandra Labs, Inc.<br/>
Attn: DMCA Designated Agent<br/>
450 Townsend Street<br/>
San Francisco, CA 94107
You agree that we, in our sole discretion, may use your trade names,
trademarks, service marks, logos, domain names and other distinctive brand
features in presentations, marketing materials, customer lists, financial
reports and Web site listings (including links to your website) for the purpose
of advertising or publicizing your use of our products or services.
## Who is responsible for what I see and do on the Services?
### Export Compliance
Any information or Content publicly posted or privately transmitted through the
Services is the sole responsibility of the person from whom such Content
originated, and you access all such information and Content at your own risk,
and we arent liable for any errors or omissions in that information or Content
or for any damages or loss you might suffer in connection with it. We cannot
control and have no duty to take any action regarding how you may interpret and
use the Content or what actions you may take as a result of having been exposed
to the Content, and you hereby release us from all liability for you having
acquired or not acquired Content through the Services. We cant guarantee the
identity of any users with whom you interact in using the Services and are not
responsible for which users gain access to the Services.
If you are located outside of the United States or are not a U.S. person,
you certify that you do not reside in Cuba, Iran, North Korea, Sudan, or Syria,
and you certify the following: "We certify that this beta test software will
only be used for beta testing purposes, and will not be rented, leased, sold,
sublicensed, assigned, or otherwise transferred. Further, we certify that we
will not transfer or export any product, process, or service that is the direct
product of the beta test software."
You are responsible for all Content you contribute, in any manner, to the
Services, and you represent and warrant you have all rights necessary to do so,
in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or
services that are not owned or controlled by Zulip. When you access third-party
websites or use third-party services, you accept that there are risks in doing
so, and that Zulip is not responsible for such risks.
### About these Terms
Zulip has no control over, and assumes no responsibility for, the content,
accuracy, privacy policies, or practices of or opinions expressed in any
third-party websites or by any third party that you interact with through the
Services. In addition, Zulip will not and cannot monitor, verify, censor or edit
the content of any third-party site or service. We encourage you to be aware
when you leave the Services and to read the terms and conditions and privacy
policy of each third-party website or service that you visit or utilize. By
using the Services, you release and hold us harmless from any and all liability
arising from your use of any third-party website or service.
If it turns out that a particular term is not enforceable, this will not
affect any other terms.
Your interactions with Zulip Organizations and/or individuals found on or
through the Services, including payment and delivery of goods or services, and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals. You
should make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these third
parties. You agree that Zulip shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings.
If you do not comply with these terms, and we don't take action right away,
this doesn't mean that we are giving up any rights that we may have (such as
taking action in the future).
If there is a dispute between participants on this site or Services, or between
users and any third party, you agree that Zulip is under no obligation to become
involved. In the event that you have a dispute with one or more other users, you
release Zulip, its directors, officers, employees, agents, and successors from
claims, demands, and damages of every kind or nature, known or unknown,
suspected or unsuspected, disclosed or undisclosed, arising out of or in any way
related to such disputes and/or our Services. You shall and hereby do waive
California Civil Code Section 1542 or any similar law of any jurisdiction, which
says in substance: “A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release and that, if known by him or her,
would have materially affected his or her settlement with the debtor or released
party.”
These terms control the relationship between Kandra Labs and you. They do not
create any third party beneficiary rights.
## Will Zulip ever change the Services?
The laws of California, U.S.A., excluding California's conflict of
laws rules, will apply to any disputes arising out of or relating to these
terms or the Services. All claims arising out of or relating to these terms or
the Services will be litigated exclusively in the applicable federal or state
courts of California, and you and Kandra Labs consent to personal jurisdiction in
those courts.
Were always trying to improve our Services, so they may change over time. We
may suspend or discontinue any part of the Services, or we may introduce new
features or impose limits on certain features or restrict access to parts or all
of the Services. We reserve the right to remove any Content from the Services at
any time, for any reason (including, but not limited to, if someone alleges you
contributed that Content in violation of these Terms), in our sole discretion,
and without notice.
Kandra Labs reserves the right to amend or modify these terms at any time and in
any manner by providing reasonable notice to you. You agree that reasonable
notice may be provided by posting on Kandra Labs's web site, email, or other written
notice. By continuing to access or use the Services after revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, please stop using the Services.
## Do the Services cost anything?
These terms constitute the whole legal agreement between you and Kandra Labs, and
completely replace any prior agreements between you and Kandra Labs in relation to
the Services.
The Services may be free or we may charge a fee for using the Services. If you
are using a free version of the Services, we will notify you before any Services
you are then using begin carrying a fee, and if you wish to continue using such
Services, you must pay all applicable fees for such Services. Note that if you
elect to receive text messages through the Services, data and message rates may
apply. Any and all such charges, fees or costs are your sole responsibility. You
should consult with your wireless carrier to determine what rates, charges, fees
or costs may apply to your use of the Services.
Last modified: May 7, 2021
* (a) **Paid Services**. Certain of our Services may be subject to payments now or
in the future (the “Paid Services”). Please see our Paid Services page:
<https://zulip.com/plans/> for a description of the current Paid Services.
Please note that any payment terms presented to you in the process of using
or signing up for a Paid Service are deemed part of these Terms.
* (b) **Billing**. We use a third-party payment processor (the “Payment Processor”)
to bill you through a payment account linked to your account on the Services
(your “Billing Account”) for use of the Paid Services. The processing of
payments will be subject to the terms, conditions and privacy policies of the
Payment Processor in addition to these Terms. Currently, we use Stripe, Inc.
as our Payment Processor. You can access Stripes Terms of Service at
<https://stripe.com/us/checkout/legal> and their Privacy Policy at
<https://stripe.com/us/privacy>. We are not responsible for any error by, or
other acts or omissions of, the Payment Processor. By choosing to use Paid
Services, you agree to pay us, through the Payment Processor, all charges at
the prices then in effect for any use of such Paid Services in accordance
with the applicable payment terms, and you authorize us, through the Payment
Processor, to charge your chosen payment provider (your “Payment Method”).
You agree to make payment using that selected Payment Method. We reserve the
right to correct any errors or mistakes that the Payment Processor makes even
if it has already requested or received payment.
* (c) **Payment Method**. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment
Method. If we, through the Payment Processor, do not receive payment from
you, you agree to pay all amounts due on your Billing Account upon demand.
* (d) **Recurring Billing**. Some of the Paid Services may consist of an initial
period, for which there is a one-time charge, followed by recurring period
charges as agreed to by you. By choosing a recurring payment plan, you
acknowledge that such Services have an initial and recurring payment feature
and you accept responsibility for all recurring charges prior to
cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER
AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS
CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO
CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE
YOUR PAYMENT METHOD, GO TO YOUR [BILLING SETTINGS](/billing/).
* (e) **Current Information Required**. YOU MUST PROVIDE CURRENT, COMPLETE AND
ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL
INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH
AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION
DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE
OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE
OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN
YOUR [BILLING SETTINGS](/billing/). IF YOU FAIL TO PROVIDE ANY OF THE
FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY
USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED
YOUR PAID SERVICES AS SET FORTH ABOVE.
* (f) **Change in Amount Authorized**. If the amount to be charged to your Billing
Account varies from the amount you preauthorized (other than due to the
imposition or change in the amount of sales taxes), you have the right to
receive, and we shall provide, notice of the amount to be charged and the
date of the charge before the scheduled date of the transaction. Any
agreement you have with your payment provider will govern your use of your
Payment Method. You agree that we may accumulate charges incurred and submit
them as one or more aggregate charges during or at the end of each billing
cycle.
* (g) **Auto-Renewal for Paid Services**. Unless you opt out of auto-renewal, which
can be done through your [billing settings](/billing/), any Paid Services you
have signed up for will be automatically extended for successive renewal
periods of the same duration as the subscription term originally selected, at
the then-current non-promotional rate. To change or resign your Paid Services
at any time, go to your [billing settings](/billing/). If you terminate a
Paid Service, you may use your subscription until the end of your
then-current term, and your subscription will not be renewed after your
then-current term expires. However, you will not be eligible for a prorated
refund of any portion of the subscription fee paid for the then-current
subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A
RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR
[BILLING SETTINGS](/billing/) OR TERMINATE YOUR ZULIP ACCOUNT BEFORE THE END
OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF
THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED
IN THESE TERMS, ZULIP WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
* (h) **Reaffirmation of Authorization**. Your non-termination or continued use of
a Paid Service reaffirms that we are authorized to charge your Payment Method
for that Paid Service. We may submit those charges for payment and you will
be responsible for such charges. This does not waive our right to seek
payment directly from you. Your charges may be payable in advance, in
arrears, per usage, or as otherwise described when you initially selected to
use the Paid Service.
* (i) **Free Trials and Other Promotions**. Any free trial or other promotion that
provides access to a Paid Service may only be used within the specified time
of the trial. You must stop using a Paid Service before the end of the trial
period in order to avoid being charged for that Paid Service. If you cancel
prior to the end of the trial period and are inadvertently charged for a Paid
Service, please contact us at [support@zulip.com](mailto:support@zulip.com).
## What if I want to stop using the Services?
Youre free to stop using the Services at any time by contacting us at
[support@zulip.com](mailto:support@zulip.com); please refer to our [Privacy
Policy](/policies/privacy), as well as the licenses above, to understand how we
treat information you provide to us after you have stopped using our Services.
Zulip is also free to terminate (or suspend access to) your use of the Services
or your account for any reason at our sole discretion, including your breach of
these Terms. Zulip has the sole right to decide whether you are in violation of
any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with
your account, so keep that in mind before you decide to terminate your account.
We will try to provide advance notice to you prior to our terminating your
account so that you are able to retrieve any important User Submissions you may
have stored in your account (to the extent allowed by law and these Terms), but
we may not do so if we determine it would be impractical, illegal, not in the
interest of someones safety or security, or otherwise harmful to the rights or
property of Zulip or third parties.
If you have deleted your account by mistake, contact us immediately at
[support@zulip.com](mailto:support@zulip.com) we will try to help, but
unfortunately, we cant promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms
shall survive termination. By way of example, all of the following will survive
termination: any obligation you have to pay us or indemnify us, any limitations
on our liability, any terms regarding ownership or intellectual property rights,
and terms regarding disputes between us, including without limitation the
arbitration agreement.
## What about Mobile Applications?
You acknowledge and agree that the availability of our mobile application is
dependent on the third party stores from which you download the application,
e.g., the App Store from Apple or the Play Store from Google (each an “App
Store”). Each App Store may have its own terms and conditions to which you must
agree before downloading mobile applications from such store, including the
specific terms relating to Apple App Store set forth below. You agree to comply
with, and your license to use our application is conditioned upon your
compliance with, such App Store terms and conditions. To the extent such other
terms and conditions from such App Store are less restrictive than, or otherwise
conflict with, the terms and conditions of these Terms of Service, the more
restrictive or conflicting terms and conditions in these Terms of Service apply.
### I use the Zulip App available via the Apple App Store should I know anything about that?
These Terms apply to your use of all the Services, including our iOS
applications (the “Application”) available via the Apple, Inc. (“Apple”) App
Store, but the following additional terms also apply to the Application:
* (a) Both you and Zulip acknowledge that the Terms are concluded between you and
Zulip only, and not with Apple, and that Apple is not responsible for the
Application or the Content;
* (b) The Application is licensed to you on a limited, non-exclusive,
non-transferrable, non-sublicensable basis, solely to be used in connection
with the Services for your private, internal, personal use, subject to all
the terms and conditions of these Terms as they are applicable to the
Services;
* (c) You will only use the Application in connection with an Apple device that you
own or control;
* (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the Application;
* (e) In the event of any failure of the Application to conform to any applicable
warranty, including those implied by law, you may notify Apple of such
failure; upon notification, Apples sole warranty obligation to you will be
to refund to you the purchase price, if any, of the Application;
* (f) You acknowledge and agree that Zulip, and not Apple, is responsible for
addressing any claims you or any third party may have in relation to the
Application;
* (g) You acknowledge and agree that, in the event of any third-party claim that
the Application or your possession and use of the Application infringes that
third partys intellectual property rights, Zulip, and not Apple, will be
responsible for the investigation, defense, settlement and discharge of any
such infringement claim;
* (h) You represent and warrant that you are not located in a country subject to a
U.S. Government embargo, or that has been designated by the U.S. Government
as a “terrorist supporting” country, and that you are not listed on any U.S.
Government list of prohibited or restricted parties;
* (i) Both you and Zulip acknowledge and agree that, in your use of the
Application, you will comply with any applicable third-party terms of
agreement which may affect or be affected by such use; and
* (j) Both you and Zulip acknowledge and agree that Apple and Apples subsidiaries
are third-party beneficiaries of these Terms, and that upon your acceptance
of these Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as the third-party
beneficiary hereof.
## What else do I need to know?
*Warranty Disclaimer.* Zulip and its licensors, suppliers, partners, parent,
subsidiaries or affiliated entities, and each of their respective officers,
directors, members, employees, consultants, contract employees, representatives
and agents, and each of their respective successors and assigns (Zulip and all
such parties together, the “Zulip Parties”) make no representations or
warranties concerning the Services, including without limitation regarding any
Content contained in or accessed through the Services, and the Zulip Parties
will not be responsible or liable for the accuracy, copyright compliance,
legality, or decency of material contained in or accessed through the Services
or any claims, actions, suits, procedures, costs, expenses, damages or
liabilities arising out of use of, or in any way related to your participation
in, the Services. The Zulip Parties make no representations or warranties
regarding suggestions or recommendations of services or products offered or
purchased through or in connection with the Services. THE SERVICES AND CONTENT
ARE PROVIDED BY ZULIP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
*Limitation of Liability*. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ZULIP PARTIES
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN
EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID
AND/OR PAYABLE BY YOU TO ZULIP IN CONNECTION WITH THE SERVICES IN THE TWELVE
(12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR
REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION
AND EXCLUSIONS MAY NOT APPLY TO YOU.
*Indemnity*. To the fullest extent allowed by applicable law, you agree to
indemnify and hold the Zulip Parties harmless from and against any and all
claims, liabilities, damages (actual and consequential), losses and expenses
(including attorneys fees) arising from or in any way related to any claims
relating to (a) your use of the Services (including any actions taken by a third
party using your account), and (b) your violation of these Terms.
*Assignment*. You may not assign, delegate or transfer these Terms or your
rights or obligations hereunder, or your Services account, in any way (by
operation of law or otherwise) without Zulip's prior written consent. We may
transfer, assign, or delegate these Terms and our rights and obligations without
consent.
*Choice of Law*. These Terms are governed by and will be construed under the
Federal Arbitration Act, applicable federal law, and the laws of the State of
California, without regard to the conflicts of laws provisions thereof.
*Arbitration Agreement.* Please read the following ARBITRATION AGREEMENT
carefully because it requires you to arbitrate certain disputes and claims with
Zulip and limits the manner in which you can seek relief from Zulip. Both you
and Zulip acknowledge and agree that for the purposes of any dispute arising out
of or relating to the subject matter of these Terms, Zulip's officers,
directors, employees and independent contractors (“Personnel”) are third-party
beneficiaries of these Terms, and that upon your acceptance of these Terms,
Personnel will have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as the third-party beneficiary hereof.
* (a) *Arbitration Rules; Applicability of Arbitration Agreement*. The parties
shall use their best efforts to settle any dispute, claim, question, or
disagreement arising out of or relating to the subject matter of these Terms
directly through good-faith negotiations, which shall be a precondition to
either party initiating arbitration. If such negotiations do not resolve the
dispute, it shall be finally settled by binding arbitration in San Francisco
County, California. The arbitration will proceed in the English language, in
accordance with the JAMS Streamlined Arbitration Rules and Procedures (the
“Rules”) then in effect, by one commercial arbitrator with substantial
experience in resolving intellectual property and commercial contract
disputes. The arbitrator shall be selected from the appropriate list of JAMS
arbitrators in accordance with such Rules. Judgment upon the award rendered by
such arbitrator may be entered in any court of competent jurisdiction.
* (b) *Costs of Arbitration*. The Rules will govern payment of all arbitration
fees. Zulip will pay all arbitration fees for claims less than seventy-five
thousand ($75,000) dollars. Zulip will not seek its attorneys fees and costs
in arbitration unless the arbitrator determines that your claim is frivolous.
* (c) *Small Claims Court; Infringement*. Either you or Zulip may assert claims,
if they qualify, in small claims court in San Francisco County, California or
any United States county where you live or work. Furthermore, notwithstanding
the foregoing obligation to arbitrate disputes, each party shall have the
right to pursue injunctive or other equitable relief at any time, from any
court of competent jurisdiction, to prevent the actual or threatened
infringement, misappropriation or violation of a party's copyrights,
trademarks, trade secrets, patents or other intellectual property rights.
* (d) *Waiver of Jury Trial*. YOU AND ZULIP WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
You and Zulip are instead choosing to have claims and disputes resolved by
arbitration. Arbitration procedures are typically more limited, more
efficient, and less costly than rules applicable in court and are subject to
very limited review by a court. In any litigation between you and Zulip over
whether to vacate or enforce an arbitration award, YOU AND ZULIP WAIVE ALL
RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a
judge.
* (e) *Waiver of Class or Consolidated Actions*. ALL CLAIMS AND DISPUTES WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR
USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF
ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated
actions is deemed invalid or unenforceable, neither you nor Zulip is entitled
to arbitration; instead all claims and disputes will be resolved in a court as
set forth in (g) below.
* (f) *Opt-out*. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to
the following address: 450 Townsend Street, San Francisco, CA 94107 postmarked
within thirty (30) days of first accepting these Terms. You must include (i)
your name and residence address, (ii) the email address and/or telephone
number associated with your account, and (iii) a clear statement that you want
to opt out of these Terms arbitration agreement.
* (g) *Exclusive Venue*. If you send the opt-out notice in (f), and/or in any
circumstances where the foregoing arbitration agreement permits either you or
Zulip to litigate any dispute arising out of or relating to the subject matter
of these Terms in court, then the foregoing arbitration agreement will not
apply to either party, and both you and Zulip agree that any judicial
proceeding (other than small claims actions) will be brought in the state or
federal courts located in, respectively, San Francisco County, California, or
the federal district in which that county falls.
* (h) *Severability*. If the prohibition against class actions and other claims
brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in this Arbitration
Agreement section will be null and void. This arbitration agreement will
survive the termination of your relationship with Zulip.
*Miscellaneous*. You will be responsible for paying, withholding, filing, and
reporting all taxes, duties, and other governmental assessments associated with
your activity in connection with the Services, provided that Zulip may, in its
sole discretion, do any of the foregoing on your behalf or for itself as it sees
fit. The failure of either you or us to exercise, in any way, any right herein
shall not be deemed a waiver of any further rights hereunder. If any provision
of these Terms are found to be unenforceable or invalid, that provision will be
limited or eliminated, to the minimum extent necessary, so that these Terms
shall otherwise remain in full force and effect and enforceable. You and Zulip
agree that these Terms are the complete and exclusive statement of the mutual
understanding between you and Zulip, and that these Terms supersede and cancel
all previous written and oral agreements, communications and other
understandings relating to the subject matter of these Terms. You hereby
acknowledge and agree that neither these Terms nor your use of the Services
makes you an employee, agent, partner, or joint venture of Zulip, and you do not
have any authority of any kind to bind Zulip in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple
Application and the arbitration agreement, you and Zulip agree there are no
third-party beneficiaries intended under these Terms.

View File

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