Welcome to Zscaler’s online training platform (“Training Services”), where you’ll be able to access our library of training courses (“Courses”) for our products and services (“Zscaler Products”). For the purposes of these Training Terms, the Courses and Materials (as defined below) are deemed to be part of the Training Services.

U.S. Customers - Zscaler, Inc. will collect and remit sales tax to states where it is registered for sales and use tax. If you are located in states where training is taxable, your state and/or local government may require you to report your purchase and pay appropriate sales/use tax amounts to them directly. All foreign locations – Zscaler, Inc. is not registered for VAT, GST or consumption tax.

By accessing the Training Services or ordering any Course, you are agreeing to these Training Terms and all other policies or notices posted by us through the Training Services or referenced herein (collectively, the “Terms”). These Terms govern your initial access to the Training Services and any subsequent order of Courses you make via any ordering document, online registration, order description, or order confirmation referencing these Terms (“Order”). If you don’t agree to these Terms, do not access or use the Training Services. These Terms apply no matter how you access or use the Training Services, whether on our website, via our mobile applications, or through other means. If you are accessing or using the Training Services on behalf of your company, you represent that you are authorized to accept these Training Terms on behalf of your company, and all references to “You” or “Your” will also refer to your company. Any use of or access to the Training Services by anyone under the age of 13 is prohibited.

For the avoidance of doubt, use and provisioning of the Zscaler Products are subject to separate terms, such as our End User Subscription Agreement, and these Terms do not apply to the use of or access to the Zscaler Products.

From time to time, we may modify these Terms by updating the Effective Date above. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all purchases made after they are posted. Your continued use of the Training Services after the revised Terms have been posted constitutes your acceptance of the revised Terms.

1. DEFINITIONS.

• 1.1 “Enrollment” means to register for a specific Training Service.
• 1.2 “Enrollment key” means an alphanumeric code, received as part of the Order Confirmation, that is entered into the Zscaler Training Portal in order to access Training Services.
• 1.3 “Onsite” means a live, instructor-led course (virtual or in-person), that is available only to a particular customer.
• 1.4 “Order Confirmation” means an e-mail from [email protected] containing the list of Training Credits ordered along with an Enrollment Key to be used to access the Zscaler Training Portal.
• 1.5 “Open Enrollment” means a live, instructor-led course (virtual or in-person), that is available to the general public.
• 1.6 “Term” means the twelve (12) month period beginning on the date of Order Confirmation.
• 1.7 “Training Credits” means a store of monetary value to be used to exchange for Training Services.
• 1.8 “Zscaler Training Portal” means the following site https://zscaler.myabsorb.com.
• 1.9 “Zscaler Training Website” means the following site http://training.zscaler.com.

2. FEES AND PAYMENT.

The fees for the Training Credits are based on the list price of a single Training Credit as shown on the Zscaler Training Website. You are responsible for paying all fees for Courses you purchase as set forth in the applicable Order. You are required to pay any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on our income. If your payment method fails or your account is past due, Zscaler may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Zscaler reserves the right to change any fees at any time at our sole discretion. Any fee change will be effective immediately upon posting on the Zscaler Training Portal.

Zscaler uses a third-party provider to process any payments and the terms of such third-party provider will apply to any payment(s) you make for the Training Services. If You are purchasing the Training Credits via credit card, the payment terms applicable to the Training Credits shall be as separately agreed between You and your credit card company.

Upon receiving confirmation of payment from the third-party provider, You will receive an e-mail from Zscaler containing an Enrollment key for your Training Credits to the e-mail address You provided when ordering. This Enrollment key is used to create accounts on the Zscaler Training Portal. For assistance you can contact [email protected].

3. TRAINING SERVICES.

• 3.1 Access to the Training Services. You may access the Zscaler Training Portal to view the Courses you have purchased, but solely for your own benefit and in accordance with these Terms. You acknowledge that we may use your personal data (including for registration for Courses) in accordance with our Privacy Policy (located at https://www.zscaler.com/company/privacy-policy) and that such personal data is processed and stored in the United States, the European Economic Area (EEA), and in other countries and territories. You will ensure that your use of the Training Services and all User Content (as defined below) is at all times in compliance with all applicable laws.
• 3.2 Materials. Courses may include supplementary materials that you may download or otherwise access online, including Course descriptions, toolkits, and other written materials designed to supplement your training (“Materials”). If any Materials are provided with the Courses you have purchased, then subject to these Terms, Zscaler hereby grants you a non-transferable, non-sublicensable, non-exclusive license to copy and use the Materials solely for your personal, non-commercial, educational use in connection with the applicable Courses.
• 3.3 General Restrictions. You will not (and will not permit any third party to): (a) rent, lease, sell, provide access to or sublicense the Training Services to a third party; (b) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Training Services; (c) use the Training Services to provide any product or service to a third party; (d) copy or modify the Training Services, or create any derivative work from any of the foregoing; (e) publicly disseminate information regarding the performance of the Training Services; or (f) remove or obscure any proprietary or other notices contained in the Training Services.
• 3.4 Courses. Information on the different types of Courses you may order is available at the Zscaler Training Portal, which is hereby incorporated into these Terms. The Courses may be delivered in any one or a combination of the following delivery methods: (a) Zscaler training centers, (b) through live instructor-led virtual training, (c) customer sites, or (d) self-paced online video training. Zscaler reserves the right to change delivery methods prior to the redemption of Training Credits for a particular Course.
  
  Registration for all Courses is subject to space availability. Open Enrollment Courses are established by Zscaler based on the Zscaler training center capacity, and the ratio of instructors to students, to be determined by Zscaler at its sole discretion. The size limits for Onsite Courses will vary based on available resources, to be determined by Zscaler at its sole discretion. Minimum duration requirements for Onsite Courses are dependent on regionally available resources and are determined by Zscaler at its sole discretion.
• 3.5 Training Credits. Training Credits may be redeemed to register for Courses available at the time of redemption. All Courses must be registered for and attended during the Term. Course schedules and prices may be obtained from the Zscaler Training Portal and/or Zscaler Training Website. Training Credits may also be redeemed to pay for Onsite Courses, which are separately scheduled with Zscaler, within the Term.
  
  The redemption value of Training Credits is based on the three hundred-dollar ($300.00 USD) list price of a single training credit. The number of Training Credits required for each Course are published on the Zscaler Training Portal and/or Zscaler Training Website.
  
  Training Credits are valid for the Term and must be redeemed for Courses which occur in that Term. All Courses ordered, registered for, or attended on Your behalf will incur the appropriate reduction in Training Credits equal to the value of such Courses, and up to but not to exceed the total Training Credit balance remaining. Training Credits cannot be used as partial payment for any Courses if the applicable fees for a Zscaler training course is greater than the unused Training Credits remaining. The Training Credits are non-transferable and may only be used by You and, as applicable, your individual employees or independent contractors while acting in such capacity
• 3.6 Change Requests, Rescheduling, and Cancellation. For all Courses, you must contact [email protected] to request the cancellation or rescheduling of the Course for which Training Credits have been redeemed, at least ten (10) business days prior to the scheduled Course start date. Any change approved within ten (10) days of the scheduled Course start date may be subject to administrative fees, which may result in the deduction of Training Credits from your account.
  
  Zscaler reserves the right to reschedule or cancel any Course(s) due to low enrollment or if necessitated by other circumstances. Zscaler will notify you by email at least ten (10) business days prior to the applicable Course start date. Once You are notified by Zscaler, You may reschedule at such time. Zscaler shall not be liable for non-refundable travel arrangement expenses if a Course is rescheduled or cancelled. If Zscaler cancels a Course and needs to reschedule it past the end of the Term of your Training Credits, you may use the applicable Training Credits for such rescheduled Course within ninety (90) days past the end of the Term.

4. OWNERSHIP AND USER CONTENT.

• 4.1. Ownership. The Training Services are the sole property of Zscaler, protected by the copyright laws of the United States (Title 17, United States Code), and the laws of other countries where the Training Services are available, governing the making of copies or other reproductions of copyrighted material. You agree that Zscaler or our suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Training Services. Except as expressly set forth in these Terms, no rights in the Training Services are granted to You.
• 4.2. Feedback. Zscaler looks forward to receiving Your comments, requests and other feedback regarding the Training Services and you agree that we are free to incorporate and use your feedback without restriction of any kind, including in our promotional materials, in a manner that is attributable back to you.
• 4.3. User Content. The Training Services may enable You to share your content, such as projects, assignments, and the like (“User Content”), with Zscaler, our instructors, and/or other users. For the avoidance of doubt, any User Content does not constitute “Materials” for the purposes of these Terms. You retain all intellectual property rights in, and are responsible for, the User Content you share. Your use of the Training Services and all User Content must comply with our Acceptable Use Policy (located at https://www.zscaler.com/company/acceptable-use-policy) at all times. To the extent that you provide User Content, you grant us a royalty-free, perpetual, sublicensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works of, publicly perform, publicly display, and otherwise use the User Content. We do not promise to store or make available on the Training Services any User Content for any length of time. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
• 4.4. No Confidential Information. You should not provide to us any information that you consider confidential (including in any feedback or User Content you provide) and You agree that we are not subject to any confidentiality obligations or use restrictions related to information or materials that You may provide to us in relation to the Training Services.

5. TERM AND TERMINATION.

• 5.1 Term. Customer agrees that it is purchasing the Training Credits for the Term.
• 5.2 Termination. Zscaler may terminate these Terms and cancel the validity of the Training Credits due to Your material breach of these Terms. There is no refund for unused Training Credits upon termination of these Terms for Your material breach. Subject to Section 3.6, at the end of the Term, any unused Training Credits remaining shall expire and shall be forfeited and no refunds shall be provided.
• 5.3 Effect of Termination. Upon any expiration or termination of these Terms, you will immediately cease any and all use of and access to the Training Services. Provided these Terms were not terminated for Your breach, You may retain copies of any Materials, so long as you do not copy, distribute or otherwise use them in violation of these Terms. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
• 5.4 Survival. The following Sections will survive any expiration or termination of these Terms: 2 (Fees and Payment), 3.3 (General Restrictions), 4 (Ownership and User Content), 5 (Term and Termination), 6 (Warranty Disclaimer), 8 (Limitation of Remedies and Damages), 9 (Indemnity), and 12 (General Provisions).

6. WARRANTY DISCLAIMER.

THE TRAINING SERVICES ARE PROVIDED “AS IS”. ZSCALER AND OUR SUPPLIERS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ZSCALER DOES NOT WARRANT THAT YOUR USE OF THE TRAINING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ZSCALER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, WEBSITE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. THE COURSES ARE PROVIDED FOR GUIDANCE ONLY, AND WE MAKE NO WARRANTIES AS TO ITS ACCURACY OR RELIABILITY. THE TRAINING SERVICES ARE ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK AND WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM ACCESS TO OR USE OF THE TRAINING SERVICES. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

7. Support.

If you have any support inquiries regarding the Training Services, please contact us via email at [email protected] and/or via the “Training and Certification” forum in the Zscaler Community available at https://community.zscaler.com.

8. Limitation of Remedies and Damages.

• 8.1. Consequential Damages Waiver. EXCEPT FOR CLAIMS ARISING FROM YOUR BREACH OF SECTION 3.3 (GENERAL RESTRICTIONS) OR YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, NEITHER PARTY NOR ITS SUPPLIERS SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
• 8.2. Liability Cap. ZSCALER’S AND OUR SUPPLIERS’ ENTIRE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ZSCALER FOR THE TRAINING SERVICES DURING THE PRIOR TWELVE (12) MONTHS UNDER THESE TERMS.
• 8.3. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 8 apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

9. INDEMNITY.

You will defend, indemnify, and hold harmless Zscaler and its suppliers from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Training Services in violation of these Terms, (b) your violation of any law or rights of any third party, or (c) any User Content, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

10. PERFORMANCE BY THIRD PARTIES.

You will defend, indemnify, and hold harmless Zscaler and its suppliers from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Training Services in violation of these Terms, (b) your violation of any law or rights of any third party, or (c) any User Content, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

11. EXPORT COMPLIANCE.

The Training Services may be subject to United States export control and economic sanctions laws and other foreign trade controls. You agree to comply with applicable laws in connection with its performance hereunder, including without limitation, applicable U.S. and foreign export controls, economic sanctions, and other trade controls.

12. GENERAL PROVISIONS

• 12.1 Relationship of the Parties. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in full force and effect.
• 12.2 Notices. All notices required to be sent hereunder shall be in writing, addressed to receiving party’s current business contact, if known, with a cc: to the Legal Department of the receiving party, and sent to the party’s address as listed in the Order, or as updated by either party by written notice. Notices shall be effective upon receipt and shall be deemed to be received as follows: (i) if personally delivered by courier, when delivered; or (ii) if mailed by first class mail, or the local equivalent, on the fifth business day after posting with the proper address.
• 12.3 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
• 12.3 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
• 12.4 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in full force and effect.
• 12.5 No Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Zscaler.
• 12.6 Governing Law. These Terms and any disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws rules, the United Nations Convention on the International Sale of Goods, or the Uniform Computer Information Transactions Act.
• 12.7 Force Majeure. Neither party shall be liable for delay or non-performance of its obligations hereunder (or part thereof) if the cause of delay or non-performance is due to a Force Majeure Event. The party affected shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof). The party affected shall promptly notify the other party and make reasonable efforts to mitigate the effects of the Force Majeure Event. “Force Majeure Event” means an event which is unforeseeable, beyond the control of the party affected, and cannot be remedied by the exercise of reasonable diligence, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes; computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Zscaler's possession or reasonable control.
• 12.8 Entire Terms. These Terms, along with the Order(s), constitute the entire terms between the parties, and supersedes all prior and contemporaneous terms, proposals or representations, written or oral, concerning its subject matter. The parties are not relying and have not relied on any representations or warranties whatsoever regarding the subject matter of these Terms, express or implied, except for the representations and warranties set forth in these Terms. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. No terms or conditions set forth on any purchase order, preprinted form or other document shall add to or vary the terms and conditions of these Terms, and all such terms or conditions shall be null and void.