Digital.ai Support and Maintenence - April 2020
CUSTOMER SUPPORT AND MAINTENANCE
The terms below supplement those contained in the MSA and set forth Digital.ai's obligations concerning support and maintenance of the Software ("Customer Support").
The purpose of Customer Support is to resolve defects that cause a nonconformity in the Software as compared to the Product Overview. A resolution to a defect may consist of a fix, workaround, or other relief, as Digital.ai deems reasonable. Customer Support does not include the following:
iv. customization or custom software development;
v. training; or
vi. assistance with administrative functions.
2. BUSINESS HOURS
Digital.ai will provide Customer with 3 tiers for support. Support tiers will be identified on the Order:
Support Portal Access
Screen Shares/Conference calls for urgent issues
Designated Support Engineer for Escalations
Development Escalation Priority and Coordination
Bi-yearly System Health Checks
*Standard support services through Email or support portal between the hours of 8:00 AM and 7:00 PM, Monday through Friday, excluding holidays, in accordance with Digital.ai's standard practice.
3. INCIDENT PRIORITY
Incident priority for a defect is determined using the guidelines below.
Any defect that causes the Software to be nonfunctional
Any defect that causes a significant or ongoing interruption of use of critical functions with no acceptable work-around available, as determined jointly by the Digital.ai and Customer
Any defect that causes limited interruptions of use of a non-critical function as determined jointly by Digital.ai and Customer
Any defect that does not significantly impede work or progress, a general question or issue
4. RESPONSE TIMES AND LEVEL OF EFFORT
Customer may submit an incident with Digital.ai via the Support Portal, via email (email@example.com), or phone. All support requests are tracked in the Support Portal and can be viewed by Customer's authorized contacts. Digital.ai will use reasonable efforts to meet the target response times and target level of effort stated in the table below.
Initial Response Times
Target Level of Effort
Continuously, 24 hours per day, 7 days per week
Continuously, but not necessarily 24 hours per day, 7 days per week
As appropriate during normal business hours
5. CUSTOMER RESPONSIBILITIES
Customer's obligations with respect to Customer Support are as follows:
i. Will appoint no more than 3 contacts ("Customer Authorized Contacts") to engage Customer Support for questions and technical issues.
ii. Only Customer Authorized Contacts will contact Customer Support.
iii. Customer will train all Customer Authorized Contacts on the use and administration of the Software.
Digital.ai will have no obligation of any kind to provide Support for issues caused by or arising out of any of the following: (i) modifications to the Software not made by Digital.ai; (ii) use of the Software other than as authorized in the MSA or as provided in the Documentation; (iii) damage to the machine on which the Software is installed; (iv) Customer's continued failure to use the Software without reference to the Documentation; (v) versions of the Software other than the Supported Version (defined in Section 2.6.8); (vi) third-party products not expressly supported by Digital.ai and described in the Documentation; or (vii) conflicts related to replacing or installing hardware, drivers, and software that are not expressly supported by Digital.ai and described in the Documentation. If Digital.ai determines that support for an issue caused by a Licensee, Digital.ai will notify Customer as soon as reasonably possible under the circumstances. If Customer agrees that Digital.ai should provide support for the Licensee via a confirming email, then Digital.ai will have the right to invoice Customer at Digital.ai's then-current time and materials rates for any such support provided by Digital.ai.
AVAILABILITY SERVICE LEVEL FOR DIGITAL.AI SAAS PRODUCTS
i. "Available" means that the Software can be accessed by Users.
ii. "Excused Downtime" means: (a) Maintenance Time of up to two hours per month; and (b) any time the Software is not Available due to circumstances beyond Digital.ai's control, including modifications of the Software by any person other than Digital.ai or a person acting at Digital.ai's direction, a force majeure event, general Internet outages, failure of Customer's infrastructure or connectivity (including direct connectivity and virtual private network ("VPN") connectivity to the Software), computer and telecommunications failures and delays, and network intrusions or denial-of-service or other criminal attacks.
iii. "Infrastructure Modification" means any repairs, maintenance, improvements, or changes to the cloud infrastructure used by Digital.ai to operate and deliver the Software.
iv. "Maintenance Time" means the time the Software is not Available due to an Infrastructure Modifications.
v. "Availability SLA" means that the production instances of the Software will be Available at least 99.5% of the time during a calendar month, excluding Excused Downtime.
vi. "Availability SLA Credit"
MONTHLY UPTIME PERCENTAGE
% Credit - 2 Consecutive Calendar Months
98.0% - 99.5%
96.5% - 98.0%
95.0% - 96.5%
Scheduled maintenance for updates will not apply to the uptime commitment referenced above. Digital.ai will notify Customer of the scheduled maintenance at least forty-eight (48) hours in advance. Digital.ai will notify Customer of scheduled changes not related to maintenance at least forty-eight (48) hours in advance. Emergency changes may occur at any time prudent for the protection of data or to ensure system availability. Should an emergency change take place, a notification will follow as quickly as practical. Digital.ai will coordinate all scheduled routine maintenance in accordance with the Eastern Time Zone.
If Customer's production instances of the Software fall below the Availability SLA during two consecutive calendar months of their term, Customer's exclusive remedy for failure of the Software to meet the Availability SLA is to request that Digital.ai issue a service credit to Customer for the dollar value of the number of minutes the Software was not Available (determined at the deemed per- minute rate Digital.ai charges to Customer for Customer's use of the affected Software), which Customer may request Digital.ai apply any credits to Customer's next invoice for Subscription renewal fees.
Customer must request all service credits in writing to Digital.ai within 30 days of the end of the second month in which the Availability SLA was not met, identifying the support requests relating to the period Customer's production instances of the Software was not Available. The total amount of service credits for any month may not exceed the subscription fee for the affected Software for that month and has no cash value.
Digital.ai will give Customer 10 days' prior notice of an Infrastructure Modification if Digital.ai, in its reasonable judgment, believes that the Infrastructure Modification will impact Customer's use of its production instances of the Software, unless, in the reasonable judgment of Digital.ai, the Infrastructure Modification is necessary to: (a) maintain the availability, security, or performance of the Software; (b) comply with applicable law; or (c) avoid infringement or misappropriation of third-party intellectual property rights.
5. MODIFICATIONS, ADDITIONS, OR CHANGES TO DEVICES FOR EXPERITEST
If applicable to the Subscription, changes to devices or infrastructure requested by the Customer will be handled per the following response times. All timeframes are from confirmation by Digital.ai of receipt of a change request by email from Customer, or receipt of an order, as applicable:
- New device onboarding: 10 business day from Order
- Device replacement with device shipped by Client: 10 business days from Order
- Device replacement with device purchased by Supplier: 10 business days from Order
- Installation of IoT (e.g., special router, point of sale): 10 business days from Order and maximum 10 days upon receipt of the IoT form
- New OS upgrade: 2 business days
- Device error stage recovery: 4 business hours
- New version system upgrade: 1 business day
- System new hardware change (add storage, add new device host machine): 5 business days
- Adding additional mobile device/s to an existing cloud with the latest OS - 5 business days.
- Adding additional mobile device/s to an existing cloud NOT the latest OS/Specific OS version - Up to 10 business days. (Limitation: we cannot guarantee finding the exact version the customer requests).
- Replacing a device in an existing cloud: Latest OS: Up to 5 business days. NOT the latest OS/Specific OS version - Up to 10 business days. (Limitation: we cannot guarantee finding the exact version the customer request.)
- Fixing a mobile device bloated battery: Up to 7 business days.