1. Customer’s Agreement with Zabbix

1.1 Generally.

Customer may access or use the Services subject to the terms and conditions of these Terms and all corresponding Orders (“Agreement”).

1.2 Access.

By accessing or using the Services, or by creating an account (“Account”) to use the Services, Customer agrees to the terms and conditions of these Terms. If Customer represents an organization or entity, Customer represents and warrants that Customer is authorized to agree to these Terms on behalf of Customer’s organization, and Customer agrees that Customer is legally binding that organization to these Terms. If Customer does not agree to these Terms, then Customer must not use the Services.

1.3 Additional Features or Services.

The Services may include features or services that have separate rules specific to such features or services. Customer will comply with all laws, rules, and regulations of Customer’s country of domicile applicable to the use of the Services and any additional feature or service Customer uses. Customer understands and agrees that Zabbix may change, suspend, or discontinue any part or all of the Services at any time. Zabbix will notify Customer of any material change with an adverse impact to the Services or discontinuation of the Services by email or via the site www.zabbix.com owned by Zabbix (“Site”).

1.4 Effective Date.

The Effective Date of these Terms is the earliest to occur of the effective date of Customer’s initial Order, the date Customer agrees to these Terms by clicking “I Agree”, or the date Customer first accesses or uses the Services.

2. Customer’s Account and Content

2.1 Registration.

To use the Services, Customer must create an Account with Zabbix. Customer must provide complete and accurate information during the registration process and must update Customer’s information to ensure it remains accurate. Customer is responsible for all activities in Customer’s Account, regardless of whether undertaken by Customer, Customer’s employees, or a third party (including Customer’s contractors or agents), and Zabbix is not responsible for unauthorized access to Customer’s Account.

2.2 Rights to Customer’s Content.

Customer represents and warrants to Zabbix that (a) Customer has all rights in the Customer’s data or any other content (“Content”) necessary to grant the rights contemplated by these Terms; and (b) none of the Content violates these Terms, any applicable law of Customer’s country of domicile, or any third party’s intellectual property or other right. Customer will ensure that the Content, and Customer’s use of it, complies with these Terms, including Section 5 of the Terms, and any applicable law of Customer’s country of domicile. Customer is responsible for properly configuring and using the Services and taking Customer’s own steps to maintain appropriate security, protection, backups, and continuity of the Content. The final setup and configuration of the Services is carried out by the Customer in the web interface of the Zabbix Cloud platform.

2.3 License to Customer’s Content.

Except for the limited rights granted under these Terms, as between Customer and Zabbix, Customer retains all rights, title, and interest, including all Intellectual Property Rights, in Customer’s Content. Customer consents to Zabbix use of Customer’s Content to provide the Services to Customer and Customer’s Authorized Users.

2.4 User and Performance Data.

Zabbix may store, process, and use data about Customer’s use of the Services, including but not limited to for the purposes of creating usage, statistics, and analytics data. Zabbix may use such data for its own business purposes, including to maintain and improve the Services and other services and products, to monitor and analyse its activities in connection with the performance of such services, and to create anonymized statistics for its marketing and other business purposes.

2.5 Data Privacy and Processing of Personal Data.

Please review Zabbix Cloud Privacy Policy, which governs Customer’s use of the Services, for information on how Zabbix processes Customer’s personal data. Zabbix will only use Customer’s Account Information in accordance with Zabbix Cloud Privacy Policy.

3. Services

3.1 Customer’s Access and Use Rights.

Subject to the terms and conditions of these Terms, and Customer’s compliance thereof, and to payment of all applicable fees to Zabbix, Zabbix grants Customer a limited, world-wide, non-exclusive, nontransferable right to access and use the Services during the applicable subscription period (“Subscription Term”), solely for Customer’s internal purposes.

3.2 Changes to the Services.

Zabbix will provide the Services to the Customer substantially as set out in these Terms. The scope of the Services is not fixed, and may vary depending on which Services the Customer chooses to order from time to time, selected from the Services made available by Zabbix. Zabbix will have the right to make changes to the Services at any time.

3.3 Customer’s Access and Use Rights.

The Customer may, from time to time, make orders (“Orders”) from Zabbix through the Site. The Customer shall be responsible for any Orders made under the Customer’s Account, whether by the Customer itself, by its Authorized Users, or by unauthorized access to or use of Customer’s Account, and Customer shall be responsible for the payment of all fees based on Orders made under the Customer’s Account.

3.4 Subcontractors.

Zabbix may use subcontractors in the performance of its obligations and exercise of its rights under these Terms. The list of subcontractors is set out in Section 4 (Third Party Service Providers / Subprocessors) of the Zabbix Cloud Privacy Policy.

3.5 Beta Offering.

Zabbix may make available to Customer certain features, technologies, products, software, and services that are not yet generally available, which may be labeled or otherwise described as in “early access”, or “trial” (each, a “Beta Offering”), for the purpose of evaluating performance, identifying defects, and obtaining feedback. Zabbix has no obligation to release a final version of any Beta Offering, nor offer upgrades or migrations between versions of the Beta Offering or between a Beta Offering and a generally available version. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of Customer’s access to or use of any Beta Offering for any reason, Customer may not have any further right to access or use the applicable Beta Offering, and any Content stored in or processed by the Beta Offering may be deleted or inaccessible.

3.6 Support Services.

Zabbix may provide technical support services for Zabbix cloud platform (“Platform Support Services”) to ensure platform’s availability. No response time or guarantee is set out for the answering or execution of incoming inquiries for Platform Support Services.

4. Customer’s Obligations

4.1 Customer’s Obligations.

The Customer will be solely responsible for its and its authorized users’ (“Authorized Users”) compliance with these Terms, including any breach of these Terms by Customer or its Authorized Users. The Customer and its Authorized Users must use the Services in accordance with Section 5 of the Terms, and Customer will be solely responsible for ensuring its adherence to this Acceptable Use Policy.

4.2 Authorized Users.

The Customer may authorize its Authorized Users to use the Services under the Customer’s Account, including for the purposes of accessing the Customer’s Content. The Customer must ensure that any users it authorizes to use the Services under the Customer’s Account always comply with these Terms, including in accordance with Section 5 of the Terms. The Customer will be responsible for any use of the Services under the Customer’s Account and any use by its Authorized Users, including any breach of these Terms.

4.3 Customer Systems.

The Customer will be responsible for its own devices, systems, applications, connections, and software used to access the Services. The Customer will be responsible for the protection of its data communications and data systems, and for the costs for communications and other comparable costs related to use of the Services

4.4 Customer’s Account.

The Customer must use commercially reasonable efforts to prevent unauthorized access to or use of its Account, including ensuring that its Authorized Users maintain their access credentials (e.g., usernames, passwords, multi-factor authentication information, etc.) in a responsible manner. The Customer and its Authorized Users must not disclose their access credentials to any unauthorized persons. The Customer must contact Zabbix immediately if it believes any unauthorized activity has occurred in its Account or any of its Account information has been lost, compromised, or revealed to a third party. The Customer and its Authorized Users must change their access credentials upon request by Zabbix.

5. Acceptable Use Policy

5.1 Restrictions.

Customer must not (a) modify, alter, tamper with, repair, or create derivative works of any software included in the Services; (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services; (c) use the Services in connection with any fork or derivative work of open source Zabbix Software, unless otherwise explicitly authorized by Zabbix in writing; or (d) resell, sublicense, rent, or lease the Services to any third party, unless otherwise explicitly authorized by Zabbix in writing.

5.2 Unauthorized Access and Activities.

Customer must not (a) disable, interfere with, or circumvent any aspect of the Services; (b) attempt to disable or circumvent any security mechanisms used by the Services; (c) perform any security penetration tests or security assessment activities, unless otherwise explicitly authorized by Zabbix; (d) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; (e) use the Services, or any interfaces provided with the Services, to access any other product or service of Zabbix or its subcontractors in a manner that violates their applicable Terms of Service; (f) use the Services in a way that poses a risk to the Services or any third party; or (g) interfere with the use of the Services, or the equipment used to provide the Services, by others

5.3 Prohibited Use of the Services.

Customer must not use the Services (a) to violate, or encourage the violation of, the legal rights (including without limitation Intellectual Property Rights) of others; (b) to engage in, promote, or encourage any illegal activity; (c) for any unlawful, invasive, infringing, defamatory, offensive, harmful, or fraudulent purpose; (d) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (e) to violate security or integrity of any network, computer, communications system, software application, or service (such violations to include without limitation unauthorized access, interception of data or traffic, or falsification of origin); (f) to make connections to any users, hosts, or networks unless the Customer has permission to communicate with them (such network abuses to include without limitation monitoring or crawling, denial of service attacks, intentional interference, operating open proxies, open mail relays or open recursive domain name servers, or to avoiding system restrictions); (g) to generate, distribute, publish, or facilitate unsolicited or unlawful email or other messages, or promotions or other solicitations of any kind; or (h) for hazardous or mission-critical circumstances or for uses requiring fail-safe performance, or where failure could lead to death, personal injury, or environmental damage, and Customer further acknowledges that the Services are not designed or intended for such use and Zabbix bears no responsibility for any harmful impact resulting from such use.

5.4 Unauthorized Content.

Customer must not submit, store, or process Content in the Services that (a) is illegal, harmful, fraudulent, infringing, offensive, or in violation of privacy rights; (b) violates these Terms, any applicable law, or any third-party’s Intellectual Property Rights or other rights; (c) constitutes protected health information; or (d) entails cardholder or sensitive authentication data unless such data is message-level encrypted by Customer.

5.5 Compliance with Laws.

Customer must only use the Services in accordance with applicable laws and government regulations of Customer’s country of domicile.

5.6 Review of Use.

Zabbix may review the Customer’s use of the Services, including the Content and Customer’s data, to ensure compliance with the Acceptable Use Policy, to discontinue any use by the Customer of the Services, and to remove any non-compliant data of the Customer. Zabbix may report suspected infringing activities to officials, regulators, or other appropriate third parties, including the disclosure of appropriate information regarding the Customer.

5.7 Cessation of Non-Compliant Use.

If the Customer becomes aware that its use of the Services does not comply with these Terms, the Customer must immediately cease its non-compliant use of the Services. The Customer must immediately comply with any requests of Zabbix relating to the ceasing of any non-compliant use of the Services.

6. Orders, Fees, and Payment

6.1 Orders Generally.

All Orders are subject to these Terms and are not binding until accepted by Zabbix. Orders created by Customer through the Services are deemed accepted when Zabbix provides access to the service environment selected by Customer. Zabbix may place controls and restrict the Customer’s Orders of the Services at its sole discretion. All Orders are non-refundable except as expressly provided in these Terms.

6.2 Fees and Payment.

The Customer must pay Zabbix all fees incurred for its usage of the Services and any additional fees specified in the Orders. Where the Services are offered on a free trial basis, payment will be required after the free trial period ends. Unless agreed otherwise in a written Order between the Parties, Customer’s use of the Services is subject to the fee schedule specified by the Site. The fees will be calculated and billed monthly in advance. If Customer chooses monthly billing by credit card or through alternative method provided by a payment credit card processing service provider used by Zabbix is set out in Section 4 (Third Party Service Providers / Subprocessors) of the Zabbix Cloud Privacy Policy, as offered in the Zabbix cloud platform from time to time and selected by the Customer, Customer authorizes a recurring monthly charge to Customer’s credit card or to Customer's alternative method of payment based on Zabbix current fee schedule for the Services specified by the Site and any additional fees specified in the Orders, and Customer must pay Zabbix the applicable fees and charges using Customers credit card or through alternative method of payment. If paid by credit card or through alternative method of payment, all amounts payable to Zabbix under these Terms are due and must be paid by Customer within one (1) day from the beginning of a billing cycle. If Zabbix sends a separate invoice for payment rather than use credit card processing or alternative method of payment, all amounts payable to Zabbix under these Terms are due and must be paid by Customer within fourteen (14) days from the date of invoice. All amounts paid are non-refundable.

6.3 Taxes.

All rates and fees are set out without value added tax (VAT) or any other applicable sales tax, which may be added to the fees of Customer’s monthly bill or invoice in accordance with the then-applicable tax laws and regulations, and Customer must inform Zabbix of Customer’s correct location to assist with determining the appropriate tax. Customer is otherwise responsible for and will pay all applicable customs, duties, sales, use, value added, withholding, or other taxes, federal, state or otherwise, however designated, which are levied or imposed because of the transactions contemplated by these Terms, excluding only taxes based on Zabbix’s net income. If Customer is compelled to make a deduction or set-off for any such taxes, Customer must pay Zabbix such additional amounts as necessary to ensure receipt by Zabbix of the full amount Zabbix would have received but for the deduction.

6.4 Credit Card Processing.

For Orders that require payment by credit card, Zabbix uses a trusted third-party PCI-DSS-compliant credit card processing service provider to process credit card payments. The list of credit card processing service providers used by Zabbix is set out in Section 4 (Third Party Service Providers / Subprocessors) of the Zabbix Cloud Privacy Policy. By making payment by credit card Customer consents to the use of such credit card processing service provider and to the transfer of Customer’s credit card details (including any personal data contained therein) to such third-party PCI-DSS-compliant credit card processing service provider. Zabbix never records or stores credit card information from Customers.

6.5 Changes to Fee Schedules.

Zabbix may change the fee schedule for the Services, including by increasing fees or charges, by updating the Site. If Zabbix changes the fee schedule for the Services, the fees payable by Customer will increase or decrease in accordance with any such modification upon the date specified by the Site. Customer is deemed to accept the new fee schedule, and be responsible for any fees incurred under the new fee schedule, by continuing to use the Services after the specified date.

7. Suspension and Discontinuation of Service

8. Intellectual Property Rights and Ownership

8.1 Zabbix Rights.

Zabbix retains all rights, title, and interest, including all Intellectual Property Rights, in and to: (i) the Services; (ii) the Zabbix Software, including all related and underlying technology and documentation; and (iii) any derivative works, changes, corrections, bug fixes, enhancements, updates, modifications, or improvements of any of the foregoing (“Modifications”), and including any Feedback (collectively, the “Zabbix Materials”). Except for the express limited rights set out under these Terms, no right, title, or interest in any Zabbix Materials is granted to the Customer. The Customer acknowledges that the licenses granted in these Terms do not include the right to prepare any Modifications of the Zabbix Materials. Zabbix reserves all rights not expressly granted in these Terms. No rights are granted by implication.

8.2 Feedback.

Customer is not obligated to provide Zabbix with any suggestions, enhancement requests, recommendations, or other feedback about the Services, Zabbix’s products and services, or otherwise (“Feedback”), but if Customer does, Zabbix may freely use, incorporate, and modify such Feedback into Software, products, and services without any restriction or payment.

9. Confidentiality

9.1 Confidential Information.

Each party shall retain in confidence the Confidential Information disclosed or made available by the other party pursuant to these Terms. For purposes of these Terms, “Confidential Information” means any technical or business information disclosed by one party to the other party that: (a) if disclosed in writing, is marked “confidential” or “proprietary” at the time of such disclosure; (b) if disclosed orally, is identified as “confidential” or “proprietary” at the time of such disclosure, and is summarized in writing sent by the disclosing party to the receiving party within thirty (30) days after any such disclosure; or (c) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. Notwithstanding any failure to so designate it, the Zabbix Materials are Zabbix’s Confidential Information and Content is Customer’s Confidential Information.

9.2 Confidentiality Obligations.

Each party must (a) maintain the confidentiality of the other party’s Confidential Information using at least a reasonable degree of care; (b) refrain from using the other party’s Confidential Information except for the purpose of performing its obligations under these Terms; and (c) not disclose Confidential Information to any third party except to employees, subcontractors, and agents as is reasonably required in connection with these Terms and who are subject to confidentiality obligations at least as protective as those set out in this Section 9.

9.3 Confidentiality Limitations.

The confidentiality obligations will not apply to any Confidential Information of the other party which (a) is now or hereafter becomes generally known or available to the public, through no act or omission on the part of the receiving party; (b) was known, without restriction as to use or disclosure, by the receiving party prior to receiving such information from the disclosing party; (c) is rightfully acquired by the receiving party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (d) is independently developed by the receiving party without access to any Confidential Information of the disclosing party. The receiving party may disclose Confidential Information to the extent required by any applicable law or regulation or by order of a court or governmental body of competent jurisdiction, provided that the receiving party uses reasonable efforts to give the disclosing party reasonable advance notice of such required disclosure to enable the disclosing party to prevent or limit such disclosure. Zabbix will have no obligation under this Section 9 for any Content or other data that Customer transmits to the Service in breach of Section 5 of the Terms

9.4 Other Confidentiality Terms.

Each party shall immediately notify the other party of any unauthorized disclosure or use of any Confidential Information and assist the other party in remedying such unauthorized use or disclosure by taking such steps as are reasonably requested by such other party. The provisions of this Section 9 shall supersede any non-disclosure agreement by and between the parties (whether entered into before, on, or after the Effective Date) that would purport to address the confidentiality and security of Content and such agreement shall have no further force or effect with respect to Content.

9.5 Confidentiality Period.

The rights and obligations related to the Confidential Information shall survive the termination of these Terms for a period of five (5) years from such termination. Notwithstanding the foregoing, the receiving party’s obligations with respect to Confidential Information will survive termination of these Terms so long as the disclosing party is entitled to claim trade secret protections in the Confidential Information.

10. Warranties and Disclaimers

ZABBIX DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, WHETHER SUCH REPRESENTATION, WARRANTY, OR CONDITION BE EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, SOFTWARE, OR ANY MATERIALS PROVIDED HEREUNDER. ZABBIX SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATION, WARRANTY, OR CONDITION FROM COURSE OF DEALING OR USAGE OF TRADE. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND ZABBIX DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

11. Limitation of Liability

12. Term and Termination

12.1 Term

These Terms commence on the Effective Date and will remain in effect until the termination or expiration of all Orders governed by these Terms, unless earlier terminated as provided below.

12.2 Termination

These Terms begin on the Effective Date and will remain in effect until terminated in accordance with this Section 12.2. Unless Customer has entered into an Order stating otherwise, including a specific subscription period for the Order, Customer may terminate an Order or the Services at any time by following the process in the Site to “delete” Customer’s purchased Services. The termination of an Order or the Services will not automatically result in the termination of Account and of these Terms. Unless Customer has entered into an Order stating otherwise, Customer may terminate Account and these Terms by sending Zabbix a written notice of termination. Either party may terminate these Terms or an Order upon written notice in the event the other party materially breaches these Terms, and such breach is not cured within thirty days after written notice of such breach. Zabbix may also terminate these Terms for convenience by providing Customer thirty days advance notice. Either party may also terminate these Terms immediately if the other party (a) terminates or suspends its business, or ceases to operate in the ordinary course; (b) makes an assignment for the benefit of creditors or similar disposition of its assets; (c) becomes subject to any bankruptcy, reorganization, dissolution, insolvency, or similar proceeding; (d) becomes insolvent or subject to direct control by a trustee, receiver, or similar authority; or (e) has wound up or liquidated, voluntarily or otherwise.

12.3 Effect of Termination.

Upon termination or expiration of these Terms, (a) all Customer rights and all Customer obligations under these Terms immediately terminate; and (b) Customer remain responsible for all fees and charges Customer has incurred up to and including the date of termination, which will become immediately due and will remain subject to the terms of Section 6 of the Terms. Upon termination of these Terms or expiration of an Order, Customer will immediately cease use of the Services. Customer is solely responsible for exporting Content from the Service prior to expiration or termination of these Terms. In case of termination of Order/Services or deletion of the Content by the Customer, Zabbix neither exports nor sends the Customer’s Content to Customer; and, therefore, the Customer’s Content will be permanently and irretrievably deleted. Zabbix has no obligation to continue to store Customer’s Content from a Service, including in data backups, after Customer has terminated the Service or after termination of these Terms. Customer acknowledges that following termination it will have no further access to any Content. Notwithstanding the above, upon termination or expiration of these Terms, the provisions of Sections 9 (for the duration set out in Section 9.5), 10, 11, 12.3, and 13 will survive and continue in full force and effect.

13. General

13.1 Relationship.

Zabbix and Customer are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has any right or authority to assume or create any obligations or to make any representations or warranties on behalf of the other party, whether express or implied, or to bind the other party in any respect. Unless otherwise specifically stated, these Terms are intended to be and are solely for the benefit of Zabbix and Customer and do not create any right in favour of any third party.

13.2 Assignment.

Neither party may assign these Terms or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (a) either party may assign these Terms or rights granted hereunder to an affiliate without the consent of the other party and (b) the transfer of these Terms or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section.

13.3 Governing Law.

These Terms will be governed by the substantive law of the Republic of Latvia, without giving effect to any of the conflicts of law principles which would result in the application of the substantive law of another jurisdiction.

13.4 Consent to Jurisdiction.

Parties must attempt to resolve any dispute related to these Terms informally, initially through respective management teams. For any litigation arising out of or related to these Terms, Customer consents to the exclusive jurisdiction and venue of the Riga City Vidzeme District Court.

13.5 Notice.

All communications and notices to be made or given pursuant to these Terms must be in English. Zabbix may provide any notice to Customer under these Terms by posting a notice on the Site or by sending a message to an email address associated with Customer’s Account. Customer will be deemed to have received any email sent to an email address then associated with Customer’s Account when Zabbix sends the email, whether or not Customer actually receives the email. To give notice to Zabbix under these Terms, Customer must (i) email Zabbix at [email protected], or (ii) send notice to Zabbix by certified mail, return receipt requested, to Zabbix SIA, 117 Dzelzavas Street, Riga, LV-1021, Latvia, Attention: Legal Department.

13.6 Trade and Economic Sanctions Compliance.

Customer will comply fully with all applicable export control and sanctions laws and regulations of any country (including the United States, and the European Union) having competent jurisdiction to ensure that no Services and payments provided under these Terms are: (i) provided to, purchased by, routed through, or used for the direct benefit of any party subject to the restriction of a sanctions or export denial list; (ii) used in any country or region subject to comprehensive sanctions; (iii) used for any purpose prohibited under applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation; or (iv) for any other use requiring a license or other governmental approval where such authorization has not been obtained. Customer will not provide to Zabbix any materials, information, software, technology, or technical data that is export controlled at a level higher than EAR99 under the U.S. Export Administration Regulations or on any other dual-use or munitions export control list. If Zabbix determines that Customer has breached its obligations under this section, becomes subject to sanctions (e.g., person designated under SDN List of the U.S. Department of the Treasury’s Office of Foreign Assets Control) or an export denial, uses a sanctioned bank for processing of payments under this agreement, or there is a change in applicable sanctions or export control laws that make performance of these Terms impermissible or practically infeasible, Zabbix shall have the right to suspend or terminate the Terms and the Services, if continued performance could result in Zabbix being in violation, or subject to negative consequences, under the applicable export control and sanctions laws and regulations. Economic sanctions include (i) restrictions imposed by the Republic of Latvia, the United Nations Organization, and the European Union; (ii) restrictions imposed by the Member States of North Atlantic Treaty Organization, including but not limited to the United States and the United Kingdom, and which are directly applicable in Latvia; (iii) other applicable export controls and trade and economic sanctions.

13.7 Force Majeure.

Customer understands and agrees that the use of the Services may be delayed or interrupted by causes beyond Zabbix’s reasonable control, and Zabbix is not liable for any delay or failure to perform any obligation under these Terms, or any damages or consequences thereof, where the delay or failure results from any cause beyond Zabbix’s reasonable control. Such causes include, without limitation, acts of God; acts or orders of government; changes in law or regulations; epidemics and pandemics; flood, fire, earthquakes, storms, or other elements of nature; blockages, embargoes, riots, civil unrest, acts of terrorism, or wars; strikes, lockouts, labour disputes, or other industrial disturbances; destruction of production facilities; systemic electrical, telecommunications or other utility failures; computer, telecommunications, the Internet, Internet service provider, hosting provider, or hosting facility failures or delays involving hardware, software, or power systems not within our possession or reasonable control; network intrusions or denial of service attacks; or any other cause, whether similar or dissimilar to any of the foregoing, that is beyond our reasonable control (individually or collectively as applicable, Force Majeure). A Force Majeure event suffered by a subcontractor of Zabbix shall also discharge Zabbix from liability, if the work to be performed under subcontracting cannot be done or acquired from another source without incurring unreasonable costs or significant loss of time.

13.8 Amendments.

Zabbix may amend these Terms at any time by posting a revised version on the Site or by otherwise notifying Customer by email. Amended Terms become effective upon posting on the Site or as stated in Zabbix email notice message. By continuing to use the Services after the effective date of any amendment to these Terms, Customer agrees to be bound by the amended Terms. Customer’s sole remedy should Customer not agree with the altered Terms must be to cease Customer’s use of the Services and to comply with Customer’s termination obligations set out in Section 12 of the Terms. Please check the Site regularly. Zabbix last amended these Terms on the date listed at the beginning of these Terms.