Last Updated: August 2025
These Early Access Terms (“Terms”), between Zendesk and Customer, govern Customer's access to and use of one or more applications, APIs, services, or features not yet available for public distribution ("EAP Tools"). By accepting an agreement incorporating these Terms, accepting these Terms through an EAP Tools sign-up form, or otherwise enabling any EAP Tools, Customer agrees to be bound by these Terms. The EAP Tools made available to Customer under these Terms may only be utilized and tested in connection with a subscription to the Services under the Zendesk Customer Agreement ("ZCA") (unless the parties have executed another agreement governing Customer's use of the Services). Customer understands and agrees that the EAP Tools are not "Services" as defined in the ZCA. Capitalized terms used in these Terms and not defined herein will have the meaning set forth in the ZCA.
Zendesk may modify these Terms at any time by updating this page, which Customers may "Follow" to receive notice of changes.
SECTION 1 SCOPE OF AGREEMENT
Customer is being invited by Zendesk to test and provide feedback relating to the EAP Tools. Zendesk will retain sole and absolute discretion as to what, if any, EAP Tools will be made available to Customer. Use of the EAP Tools is voluntary, but if Customer elects to do so, Customer's use of and access to the EAP Tools will be subject to these Terms. Any fees associated with the EAP Tools will be disclosed in an applicable Order Form or EAP Tools sign-up form. Zendesk reserves the right to start charging or revise fee amounts for the EAP Tools at any time, in its sole discretion, including after the EAP Tools are made widely available and incorporated into the Services.
SECTION 2 ACCESS AND USE RIGHTS
2.1 Access Rights. Zendesk grants Customer a limited, non-exclusive, non-transferable, revocable, license to access and use the EAP Tools in connection with Customer's Account to test the EAP Tools functionality and provide Feedback to the Zendesk. Customer's license to access and use the EAP Tools may be revoked at any time at the sole discretion of Zendesk.
2.2 Account Assumption. Zendesk reserves the right to enter (“assume into”) Customer's Account and access Service Data as needed to: (i) monitor or measure Customer's use of the EAP Tools; (ii) validate and improve features or functionality of the EAP Tools; and (iii) to provide services or support necessary to maintain the EAP Tools.
2.3 Third-Party Products. The EAP Tools may integrate with Third-Party Products. Customer consents to the sharing of any information in the EAP Tools with these Third-Party Products and certifies that Customer has consent from its Agents and End Users for the same. If the EAP Tools permit Customer to directly share any information with any vendor whose Third-Party Products are integrated with the EAP Tools, Customer's agreement(s) with such vendor will govern the data processing by such Third-Party Products.
2.4 Data Privacy and Security. As between the parties, Customer retains ownership of all Service Data. Customer instructs Zendesk to use Service Data to provide, secure, and improve Zendesk's products and services. If Customer and Zendesk have executed a Data Processing Agreement, Zendesk will meet its obligations under such Data Processing Agreement for the EAP Tools as though they are “Innovation Services.”
SECTION 3 CONFIDENTIALITY
These Terms incorporate the confidentiality terms within the ZCA. For the avoidance of doubt, Feedback (as defined in Section 4.2, below) will not be considered Customer's Confidential Information.
SECTION 4 INTELLECTUAL PROPERTY
4.1 Intellectual Property Rights. Subject only to Customer's limited rights to access and use the EAP Tools as expressly stated in these Terms, Zendesk reserves and retains all rights, title, and interest in the EAP Tools and the Services.
4.2 Feedback. As reasonably requested by Zendesk, Customer will provide Zendesk with suggestions, recommendations, and other feedback as to the usefulness and functionality of the EAP Tools (“Feedback”), and Zendesk may use such Feedback without restriction or obligation.
SECTION 5 TERM AND TERMINATION
5.1 Term. These Terms will continue until the expiration of the EAP Tools availability period, unless terminated earlier under these Terms.
5.2 Termination. Either party may terminate these Terms upon written notice to the other party at any time. Termination or expiration of these Terms will not limit Zendesk’s rights under Section 4.2 as related to any Feedback provided before or after such termination or expiration.
SECTION 6 REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
6.1. Customer Warranties. Customer represents and warrants that: (i) it has full authority to enter into these Terms; (ii) executing and performing these Terms does not violate any other agreements to which it is subject; and (iii) it will comply with all laws applicable to its performance under these Terms and use of the EAP Tools.
6.2 Disclaimers. All EAP Tools are pre-release, expected to contain defects that may be material, and not expected to operate at the level of performance or compatibility of a final, generally available product offering. EAP Tools may not operate correctly and may be substantially modified prior to public availability, or withdrawn at any time. Access to and use of the EAP Tools by Customer is entirely at Customer's own risk. In no event will Zendesk be liable for any damages whatsoever arising out of the use of or inability to use the EAP Tools, even if Zendesk has been advised of the possibility of such damages. CUSTOMER IS ADVISED TO SAFEGUARD IMPORTANT DATA AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY EAP TOOLS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ZENDESK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EAP TOOLS, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SECTION 7 INDEMNIFICATION
Customer will defend and indemnify Zendesk from and against any third-party claims made against Zendesk or its Affiliates that arise from or relate to: (i) Customer's use of the EAP Tools, including any Service Data; or (ii) any violations of these Terms by Customer, its Affiliates, or its personnel. Zendesk will give Customer prompt written notice of a claim and information as may be reasonably requested by Customer in connection with a claim. Customer will have sole control over the defense and settlement of a claim (but Customer cannot settle any claim that admits liability for Zendesk without Zendesk's prior written consent, which will not be unreasonably withheld or delayed). Failure to notify Customer of a claim under this Section 7 will not relieve Customer of its indemnification obligations; however, Customer will not be liable for any litigation expenses that Zendesk incurred prior to the time when notice is given or for any damages and/or costs resulting from any material prejudice caused by the delay or failure to provide notice.
SECTION 8 GENERAL TERMS
8.1 Assignment. Customer may not assign these Terms without the prior written consent of Zendesk. Subject to the foregoing, these Terms will be binding on the parties and their respective administrators, successors, and assigns.
8.2 Entire Agreement. These Terms set out all terms agreed between the parties and supersedes all other agreements relating to its subject matter. Except as expressly stated in these Terms, there are no other agreements, representations, warranties, or commitments that may be relied upon by either party with respect to the subject matter of these Terms. The headings in these Terms are for convenience only and will not affect their interpretation. Failure to exercise any right under these Terms will not constitute a waiver.
8.3 Severability. If any part of these Terms is invalid, illegal, or unenforceable, that term will be limited to the minimum extent necessary so that the rest of these Terms will remain in effect.
8.4 Amendment. Zendesk may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Customer's continued use of the EAP Tools following the effective date of any amendment will be relied upon by Zendesk as Customer's consent to such amendment. Zendesk may make updates to online or URL terms and policies that are incorporated into these Terms. Unless otherwise noted by Zendesk, such updates to the online or URL terms and policies will become effective upon publication.
8.5 Relationship. These Terms do not create any agency, partnership, or joint venture between the parties.
8.6 Survival. Upon termination or expiration of these Terms, all provisions that by their nature are intended to survive such termination or expiration will continue in full force and effect.
8.7 Notice. Except as otherwise specified in these Terms, all notices under these Terms will be in writing and deemed given: (i) on personal delivery; (ii) the first business day after sending by email; (iii) the first business day after being mail by a recognized overnight delivery service; or (iv) on receipt after being sent by certified or registered mail, return receipt requested. Notice to Zendesk will be sent: (a) by email, to legalnotice@zendesk.com; or (b) by mail, to Zendesk, Inc., 181 Fremont Street, 17th Floor, San Francisco, California 94105 U.S.A. Attn: Legal Department. Zendesk will provide notices to Customer in writing to the contact details provided or via a message through the Services to the Account owner.
8.8 Governing Law. These Terms will be governed by the laws of the jurisdictions as indicated in the ZCA.