16.3 Communication with You. We may communicate with you and your agents, send you and your agents product announcements and promotional offers, or contact you and your agents through the Services based on our legitimate interest under applicable data protection law in providing information about the Services. If you or an agent does not wish to receive communications from us, please indicate this preference by sending an email to email@example.com and providing us with the name and email address of any agent who no longer wishes to receive such communications. You and your agents will continue to receive transactional messages necessary for Zendesk to provide the Services to you (for example. B, billing notifications and product usage notifications). Website: means www.zendesk.com and any other website owned or operated by Zendesk or its affiliates. Use of Zendesk Sell Voice and related features is subject to the obligation to pay the applicable usage fees, subscription fees, and other fees (currently available at: www.zendesk.com/sell/pricing/ and Zendesk Sell Voice Pricing). By activating or using Zendesk Sell, you agree to pay these fees. Usage fees are subject to change and are subject to change by Zendesk at any time. Any changes to usage fees will be made by all subscribers and will not be directed to individual subscribers. At Zendesk`s choice, Zendesk Sell Voice subscription and usage fees may be charged retrospectively or by asking you to pay in advance for the intended use. To the extent that you have made or are required to prepay for the intended use of Zendesk Sell Voice, your credit card will be charged the additional amount you requested.
12. Miscellaneous. These Terms and all operating rules established by us for the Sites constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms benefit the Zendesk Group, its affiliates, third-party content, and licensors, and each has the right to enforce and enforce these Terms directly or on its own behalf. No waiver by either party of any breach or default under this Agreement shall be deemed a waiver of any prior or subsequent breach or omission. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced by language that reflects the original purpose in a valid and enforceable manner. The enforceable sections of these Terms remain binding on the parties. The section headings used here are for clarity only and have no legal significance. 1.2 Support.
We will provide you with applicable standard customer support for the Services at no additional cost, as described on the relevant website and documentation, and enhanced support in the event of purchase. “Created by Zendesk Marketplace Apps” means integrations and applications created or developed by Zendesk or its affiliates and made available on the Zendesk Marketplace (available at www.zendesk.com/apps) and subject to this Agreement, unless Zendesk notifies you of any other agreement at the time of your deployment or access to the Integration or Application. 7.1 Data processing agreement and participant as data controller. To the extent that Service Data constitutes Personal Data, the parties agree that you will be the data controller and that the relevant Zendesk Group entity will be considered a data processor, as these Terms are included in applicable data protection law. We explain how we process service data in our role as a data processor, on our privacy and data protection website, available under www.zendesk.com/company/privacy-and-data-protection/ and in our data processing agreement, which can be executed here: www.zendesk.com/company/data-processing-form/. Upon performance by Subscriber, dpa is hereby incorporated into the terms of this Agreement by reference hereto. Zendesk may also access or disclose information about you, your account, agents, or end users, including your information, to (a) comply with the law or respond to legal requests or legal process; (b) protect Zendesks or the rights or property of its customers or partners, including the enforcement of these Terms or other policies associated with the Service; (c) act in good faith in the belief that such disclosure is necessary to protect the safety of persons or to avoid violations of any applicable law or regulation ….