[January 3, 2024]
These DataEndure Support Terms (the “Support Terms”) detail the customer support provided by DataEndure, Inc. (“DataEndure”) with respect to the DataEndure solutions (“Solutions”) subscribed to by the DataEndure customer (“Customer”) under the DataEndure Terms of Service (“Terms,” available at Terms of Service, or another version of the Terms agreed to in writing among such Customer and DataEndure) (“Support Services” as further detailed below below). Support Services are expressly conditioned on Customer abiding by terms of the Terms, and the Terms are hereby incorporated by reference to these Support Terms. Support Services provided to Customer are coterminous with the Subscription Term stated in a valid Order Form (each capitalized term, as defined in the Terms). Support Services are not cancellable during a given Solutions Subscription Term.
Capitalized terms not defined but used herein have the meaning assigned to such terms in the Terms. In the event of any conflict between these Support Terms and the Terms, the terms of the Terms shall control unless clearly stated otherwise in a version of these Support Terms executed by DataEndure.
In the event Customer has purchased the Solutions and Support Services from DataEndure through a DataEndure authorized partner (“Partner“), Customer will be entitled to all the rights set forth herein as related to the Support Services purchased by Customer if Customer: (a) is the original purchaser of the covered Solutions, and (b) provided with its purchase subscription to the Solutions true, accurate, current and complete information to DataEndure or the Partner, and maintains and updates such information to keep it true, accurate, current, and complete during Customer’s Subscription Term, subject to the relevant Partner providing certain support services to Customer under a separate agreement among Partner and Customer.
TERMS
“Action Plan” means a formal verbal or written description of the tasks to be undertaken by DataEndure and Customer to diagnose, triage, and address a support issue, along with an approximate timeframe for the processing and completion of tasks.
“Initial Support Request” means support request submitted by designated Customer representative support contact or their designated Partner to report a suspected Malfunction.
“Interoperability” means a Malfunction caused by an interoperation of the Solutions with a software component at Customer’s environment.
“Maintenance Window” means Friday between 5PM UTC -7 and Saturday 5PM UTC -7.
“Malfunction” means any error or other condition that prevents the Solutions from performing substantially in accordance with the operating specifications in the then current Documentation, but excluding Interoperability caused by a Malfunction Exception.
“Malfunction Exception” means Solutions component Malfunction caused by, related to or arising out of any abuse, misuse or unauthorized use of the Solutions by Customer, or any unauthorized combination of the Solutions with any software or hardware components, or other item not reasonably expected to be combined with and/or interoperate with the Solutions or an interoperability beyond DataEndure’s reasonable control.
“Resolution” means a solution that renders the Solutions substantially in conformity with the Documentation.
“Response” means DataEndure’s personnel response via outbound e-mail, web or phone consultation (based on the Support Plan purchased) to a designated Customer support contact, acknowledging receipt of an Initial Support request.
“Response Time” means the elapsed time between the Initial Support Request and the target time for a Response during Support Hours.
“Support Plan(s)” means the support offered by DataEndure to customers, as further detailed in these Support Terms and related Documentation, and as stated in each case in a relevant Quote or Service Order.
“Support Hours” means 9X5 Business Hours from 9am CST to 5pm CST Monday to Friday for active subscriptions to the Solution.
“Version” means generally available (GA) release of a DataEndure Solution. If the Solution includes an installable agent or Component, the Version for that component is designated by the number which is immediately to the left or right of the left-most decimal point in a DataEndure Software version number, as follows: (x).x.x or x.(x).x.
“Workaround” means a temporary solution or a configuration that renders the Solutions reasonably functional for their intended purpose until a Resolution is available, subject to any remaining Interoperability issues.
SCOPE OF SUPPORT SERVICES
DataEndure provides Support Services for: (a) its most current Version of the Solutions (including all Workaround thereof), and (b) the immediately preceding Version of the Solutions. Provided Customer is in compliance with all of the terms of these Support Terms and the Terms, and has paid all applicable Fees, DataEndure will provide to Customer the Support Services set forth herein. In addition, DataEndure will provide, upon Customer’s request, reports on the status of the Support Services requested by Customer.
Support Services consist of: (a) reasonable email, web and phone support as detailed in the Support Terms (all Support Services provided in English), and (b) reasonable efforts to provide Workaround and Resolution . Support Services do not include: (i) support with respect to hardware on which the Solutions or any portion thereof may be installed, (ii) support with respect to Malfunction Exception.
SUPPORT SERVICE PROCESS
Customer Responsibilities: Before contacting DataEndure with an Initial Support Request, Customer undertakes to: (a) analyze the Malfunction to determine if it is the result of Customer’s misuse, the performance of a third party or some other Malfunction Exception or cause beyond DataEndure’s reasonable control, (b) ascertain that the Malfunction can be replicated, and (c) collect and provide to DataEndure all relevant information relating to the Malfunction. For any Priority 1 Urgent support issues, Customer must submit an Initial Support Request via phone or email.
DataEndure Response: Upon receiving Customer’s Initial Support Request, DataEndure’s qualified personnel will use commercially reasonable efforts to provide a Response within the Response Time detailed in the Priority levels and communication channels detailed in the table below. For priority 1 issues, Response Time will be measured from Customer’s phone call. Following initial Response, DataEndure support representative will explore the nature of the Malfunction experienced by Customer and its effect on the Solutions, and reasonably assign a priority level to the Malfunction in accordance with definitions in the table below. A Response Time is a guarantee of communication timeframes, and DataEndure does not guarantee a Workaround or Resolution within these timeframes. DataEndure will make commercial reasonable efforts to reach an Action Plan within a reasonable time after the Response.
Support Services Workflow: DataEndure will use commercially reasonable efforts to provide Customer with: (a) a Workaround within a reasonable time after an Action Plan has been established and (b) a Resolution within a reasonable time thereafter, also considering DataEndure’s release schedule and severity of Malfunctions.
In providing Support Services, DataEndure support personnel may interact with the Customer’s Solutions instance(s), review application data within such instance(s) and otherwise exchange relevant information with Customer as needed to provide such Support Services.
Remedies: The remedies set forth herein are Customer’s sole and exclusive remedy with respect to any Malfunction. DataEndure has no obligation to provide Support Services, Workaround or Resolution with respect to any Malfunction Exception.
Priority Levels and Response Times
| PRIORITY | DEFINITION | Response Time |
| 1 – Urgent | Customer reports a Malfunction that (a) renders the Solutions inoperative or intermittently operative, (b) causes any material Solutions feature to be unavailable or substantially impaired, (c) materially compromises overall system operability or data integrity when the Solutions are installed and operational in a production environment (that is, causes a multiple systems crash or hang, or loss or corruption of data), or (d) causes a complete failure of the Solutions. | 2 hours
within 95% of the time during each calendar month (E-mail followed by a Phone call) |
| 2 – High | Customer reports a Malfunction that (a) renders a required program or feature of the Solutions inoperative or intermittently operative or (b) substantially degrades performance in a production environment. | 6 hours
within 95% of the time during each calendar month (E-mail) |
| 3 – Normal | Customer reports a Malfunction that (a) renders an optional program of feature inoperative or intermittently operative or (b) causes only a minor impact on Customer’s use of the Solutions. | 12 hours
within 95% of the time during each calendar month (E-mail) |
| 4 – Low | Customer reports a Malfunction (a) that has only a minor effect on the Solutions functionality, (b) cosmetic flaws or (c) inquiries and questions about configuration and management of the Solutions. | 48 hours
within 95% of the time during each calendar month (E-mail) |