Terms of Service

This is an agreement between you acting in private capacity (a “Consumer”) or you acting in the course of a profession or business and on behalf of the entity that you thus legally represent (a “Business customer”) (Consumer and Business customer are hereinafter collectively referred to as “you” or “your”) and Zoho Corporation B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), incorporated and existing under Dutch law, having its registered office (statutaire zetel) in Amsterdam, the Netherlands and its office address at Hoogoorddreef 15 (1101 BA) Amsterdam, registered with the trade register under number (63503387) (“Zoho”, “we” or “our”) governing your use of Zoho suite of online business productivity and collaboration software (the “Terms”).

Acceptance of the Terms

These Terms are entered into by your acceptance of Zoho’s offer as presented in These Terms and on the Zoho Online Office Suite website (the “Website”) and is established at the moment you have received Zoho’s confirmation of your order.

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms.

Description of Service

We provide an array of services for online collaboration and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services"). As a Business customer, you may only use the Services for business use or for internal business purpose in the organization that you represent. As a Consumer, you may only use the Services for your personal use, whereas use of the Services for business purposes under these Terms is explicitly prohibited. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Subscription to Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Zoho will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Delivery

Delivery of the Services takes place in accordance with the information as presented on the Website and in accordance with any notifications as may be sent to you by Zoho from time to time.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least thirty (30) days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Zoho notice by email within thirty (30) days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. We recommend that Business customers, and all other users from Business customer’s organization, sign up for user accounts by providing their corporate contact information. In particular, we recommend Business customers to use their corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Zoho has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Zoho may terminate your user account and refuse current or future use of any or all of the Services.

Organization Accounts and Administrators (For business customers only)

As you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with these Terms. You understand that Zoho is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to legal@zohocorp.com, provided that the process is acceptable to Zoho. In the absence of any specified administrator account recovery process, Zoho may provide control of an administrator account to an individual providing proof satisfactory to Zoho demonstrating authorization to act on behalf of the organization. You agree not to hold Zoho liable for the consequences of any action taken by Zoho in good faith in this regard.

Personal Information and Privacy

Personal information you provide to Zoho through the Service is governed by Zoho Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Zoho Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@zohocorp.com or by calling us on any of the numbers listed on http://www.zoho.eu/contact.html. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Data Protection and Data Processing Addendum

With respect to any personal data (as defined in applicable data protection laws and regulations including the EU Data Protection Directive 95/46/EC or the General Data Protection Regulation 2016/679 (when it comes into effect on May 25, 2018)) that you will provide to Zoho in relation to the Services, parties agree that Zoho will act as a “data processor” (as defined in applicable data protection laws and regulations including the EU Data Protection Directive 95/46/EC or the General Data Protection Regulation 2016/679 (when it comes into effect on May 25, 2018)) and that you will act as a “data controller” (as defined in applicable data protection laws and regulations including the EU Data Protection Directive 95/46/EC or the General Data Protection Regulation 2016/679 (when it comes into effect on May 25, 2018)). When you act as a processor with respect to any personal data that you will provide to Zoho in relation to the Services, parties agree that Zoho will act as a “data sub-processor” (as defined in applicable data protection laws and regulations including the EU Data Protection Directive 95/46/EC or the General Data Protection Regulation 2016/679 (when it comes into effect on May 25, 2018)).

You guarantee that all information you provide to Zoho in relation to the Services is gathered and provided to Zoho in compliance with applicable laws, including applicable data protection laws.

Zoho shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data as provided in the Security Policy. We agree not to (a) modify your data, (b) disclose your data except as compelled by law in accordance or as expressly permitted in writing by you, or (c) access your data except to provide the Services or prevent or address service or technical problems, or at your request in connection with a support request by you.

In order to enable you as the data controller/processor to execute a data processing agreement based on the EU Model Clauses, upon request by email to privacy@zohocorp.com, Zoho will provide you the Data Processing Agreement and enable electronic signature of the agreement.

Communications from Zoho

The Service may include certain communications from Zoho, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within ten (10) days of receiving the complaint forwarded by us and copy Zoho in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the ten (10) days’ time limit will be construed as your consent to disclosure of your name and contact information by Zoho to the complainant.

Fees and Payments

The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Zoho to charge the subscription fee to the Credit Card last used by you. Please click here to know about our Refund Policy.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Restrictions on Use

In addition to all other terms and conditions of these Terms, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Zoho; (vii) violate any applicable local, state, national or international law; or (viii) create a false identity to mislead any person as to the identity or origin of any communication.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Zoho the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Zoho’s commercial, marketing or any similar purpose. But you do grant Zoho permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Zoho will have the right to block access to or remove such content made available by you if Zoho receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Zoho for this purpose.

For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.

If you wish to protest any blocking or removal of content by Zoho, you may do so in the manner provided here.

Sample files and Applications

Zoho may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Zoho makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark

Zoho, Zoho logo, the names of individual Services and their logos are trademarks of Zoho Corporation B.V. and/or its affiliates. You agree not to display or use, in any manner, these Zoho trademarks without Zoho’s prior permission thereto.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOHO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ZOHO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Limitation of Liability

ZOHO SHALL ONLY BE LIABLE TO COMPENSATE YOU FOR DAMAGE CAUSED BY WILFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF ZOHO. HOWEVER, EXCEPT IN THE EVENT OF WILFUL MISCONDUCT ON THE PART OF ZOHO’S MANAGEMENT, LIABILITY FOR DAMAGE OTHER THAN DAMAGE TO PHYSICAL PROPERTY AND PERSONAL DAMAGE IS AT ALL TIMES EXCLUDED.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ZOHO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless Zoho, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Zoho.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@zohocorp.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Zoho breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

General

These Terms will be governed by and construed in accordance with the laws of the Netherlands. The application of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded. Any suit hereunder will be submitted to the exclusive jurisdiction of the competent court in Amsterdam.

Consumers who wish to settle a claim relating to the Services out-of-court through online dispute resolution (ODR) may file such claim at the ODR platform of the European Commission.

Together with the offer as presented on the Website, these Terms constitute the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties.

Without prejudice to the Section titled 'Modification of Terms of Service', any waiver or modification of the Terms shall only be effective if it is in writing and signed by both parties hereto.

If any part of these Terms is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties.

If you have any questions or concerns regarding this Agreement, please contact us at legal@zohocorp.com.