Terms of Use

Effective Date : August 1, 2023

These Terms of Use govern your use of www.five9.com, which is operated by Five9 (“Five9,” “we,” “us,” or “our”), together with any successor website(s) and any other service that displays or links to these Terms of Use) (collectively, the “Site”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these Terms of Use, please do not use the Site.

Five9 may at any time, without notice to you, revise these Terms of Use and any other information contained on the Site by changing these Terms of Use. Five9 may also make improvements or changes in the products, services, or programs made available in connection with the Site at any time without notice.

General

The Site and all of its content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Five9's prior written consent, except that Five9 grants you non-exclusive, non- transferable, limited permission to access and display the Web pages within the Site, solely on your device and for your personal, non-commercial use of the Site. This permission is conditioned on you not modifying the content displayed on the Site; you keeping intact all copyright, trademark, and other proprietary notices; and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from the Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on the Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Five9 does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from the Site on another website or in any other media.

Certain Disclaimers

Information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain technical inaccuracies or typographical errors. Five9 assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described on the Site.

Five9 provides no assurances that any reported problems will be resolved by Five9, even if Five9 elects to provide information with the goal of addressing a problem.

Forward-Looking and Cautionary Statements

Except for historical information and discussions, statements set forth throughout the Site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in Five9’s filings with the U.S. Securities and Exchange Commission, under the caption "Risk Factors" and elsewhere in such reports.

Confidential Information

Five9 does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Five9 will be deemed NOT to be confidential or proprietary to you or any third party. By sending Five9 any information or material, you grant Five9 an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use such material or information. You also agree that Five9 is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit on or to a particular part of the Site will be published or otherwise used with your name attached to it; or (c) we are required to do so by law. Personal information that is submitted or collected on the Site will be handled in accordance with our Privacy Policy.

Global Availability

Information Five9 publishes on the World Wide Web may contain references or cross references to Five9 products, programs, and services that are not announced or available in your country. Such references do not imply that Five9 intends to announce or make available such products, programs, or services in your country. Please consult your local Five9 business contact for information regarding the products, programs, and services that may be available to you.

Third-Party Services

The Site may provide links or references to non-Five9 websites and resources. Five9 makes no representations, warranties, or other commitments whatsoever about any non-Five9 websites or third-party resources that may be referenced, accessible from, or linked to the Site. A link to a non-Five9 website does not mean that Five9 endorses the content or use of such website or its owner. In addition, Five9 is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties from (or use a link to access such parties’ services on) the Site. Accordingly, you acknowledge and agree that Five9 is not responsible for the availability or quality of such external sites or resources and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Five9 website, even one that may contain the Five9 logo, please understand that it is independent from Five9 and that Five9 does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs and to protect your information as you deem appropriate.

Linking to this Site

All links to the Site must have prior approval in writing by Five9. With such prior written approval, Five9 may consent to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on the Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site; (b) misrepresent your relationship with Five9; (c) imply that Five9 approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Five9 or otherwise damage Five9’s reputation or the goodwill associated with the Five9 name or trademarks. As a further condition to being permitted to link to the Site, you agree that Five9 may at any time, in its sole discretion, terminate permission to link to the Site. In such event, you agree to immediately remove all links to the Site and to cease using any Five9 trademark or trade name.

DISCLAIMER OF WARRANTY

USE OF THE SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FIVE9 EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, FIVE9 MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL FIVE9 BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF FIVE9 IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that any content on the Site infringes your copyright, you (or your agent) may contact us and request that we remove or disable access to the infringing material. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may submit a counter-notice to us requesting the reinstatement of the material. Any notice or counter-notice must comply with the then-current statutory requirements for such notices and must be emailed to us at legal@five9.com.

Governing Law and Forum

The laws of the state of California, US, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to the Site or these Terms of Use. All claims arising out of or relating to the use of the Site and/or these Terms of Use will be litigated exclusively in the federal or state courts located in San Francisco, California, US, and you and Five9 consent to personal jurisdiction in those courts.

Additional Terms

These Terms of Use do not create any third-party beneficiary rights.

If you do not comply with these Terms of Use, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

For information about how to contact Five9, please visit our Contact page.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice for additional information.