The legal value of Zoom's contractual terms: A comparative analysis of the UAE and French law

ABSTRACT

The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom's contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom's liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom's liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world.