This Customer and Technical Support Policy (“Support Policy”) describes the policies and procedures under which DataVizVR Incorporated., or its applicable affiliate (“3Data”), provides Customer and Technical Support services (“Support”) for its proprietary 3Data Platform, 3Data PowerOffice and software products (“Platform”) to its customers (each, a “Customer”).
Customer and Technical Support is provided for the Platform pursuant to the separate SaaS Agreement under which Customer has purchased Platform and Support and Maintenance Services (“SaaS Agreement”) and is subject to the terms and conditions of that SaaS Agreement and the terms of this Support Policy. Customer and Technical Support is provided for the term specified in the Ordering Document. All undefined capitalized terms used herein shall have the same meaning as set forth in the SaaS Agreement.
Customer and Technical Support is provided through 3Data’s supported channels (“Supported Channels”) as indicated on Exhibit A to this Support Policy.
This Support Policy sets forth expectations for Customer and Technical Support between the Customer and 3Data including:
a. Deployment: As described in the Documentation, you may enable your Authorized Users to access the Platform or Software packages defined in the Ordering Document via the 3Data Platform online site with the unique user credentials provided. The collection of all Platform or Software packages enabled within any Platform Environment, is referred to as a “Deployment”.
b. Support Ticket: Each individual issue with the Platform reported to 3Data by a Supported Contact through a Supported Channel.
c. Maintenance Release: Generally commercially released code corrections, patches, and updates to the Platform as designated by the Platform versioning number
d. Designated Customer Contacts: Qualified individuals knowledgeable in the internal build systems, tools, policies, and practices in use by the Customer. Customers are expected to make every effort to ensure that the individuals designated as Designated Customer Contacts are qualified to support the Customer teams internally. Designated Customer Contacts may submit Incidents related to the Platform. Designated Customer Contacts are limited to the number specified in Exhibit A of this Support Policy.
e. New Versions: Generally commercially released major new releases, modifications or enhancements to the Platform. New Versions are normally identified by the first number prior to the first decimal point. New Versions do not include separate or different products marketed by 3Data under a different name even if such products are compatible with the Platform.
f. Previous Versions: Upon a commercially available release a New Version of the Platform, any previously released version(s) of the Platform shall be deemed a Previous Version. Customer may replace the Previous Version (including all installed copies) with the New Version. Customer shall not use multiple versions of 3Data at the same time in a Production Environment.
g. Production Environment: As it relates to the Platform, and as further defined in the End User License Agreement, Customer’s use of the Platform for the purpose of creating, sharing, viewing and/or revising visualizations is considered use within a “Production Environment.”
h. Supported Contact: Includes User Contacts and Named Customer Contacts.
i. User Contact: Authorized Users of 3Data who are proficient in t the Platform and knowledgeable in the internal build systems, tools, policies, and practices in use by the Customer.
3. Scope of Customer and Technical Support
a. What Support Includes: Support is intended to provide assistance to Supported Contacts for issues and questions beyond what is covered in the Documentation. If Customer is current on payment for (i) Support and Maintenance Services for Customer’s Platform license subscription for term-based agreements, 3Data shall use commercially reasonable efforts to provide Customer with Support services consisting of the following: (a) web-based submissions of Incidents submitted by Supported Contacts; (b) New Versions and Maintenance Releases of the Platform; (c) access to Supported Channels; and (d) troubleshooting related to the following Customer activities with respect to the Platform:
i. Basic Configuration Issues: Support for configuration includes troubleshooting Customer’s configuration settings for existing versions on Supported Platforms (as defined below) to ensure proper operation and connectivity.
ii. Usage Issues: 3Data qualified personnel will answer Customer’s “how to” questions related to standard and intended Platform usage.
iii. New Version Issue: Support for issues regarding replacing a Previous Version with a New Version of the Software.
iv. Efforts to Correct the Platform: 3Data shall make commercially reasonable efforts to correct defects or other errors in the Platform.
b. What Support Excludes: 3Data has no Support obligations with respect to the issues relating from: (a) Platform that is used on or in conjunction with hardware or software other than as specified in the applicable Documentation; (b) use of the Platform by Customer in violation of the SAAS Agreement; (c) alterations, add-ons, customizations, or modifications to the Platform by any party other than 3Data; (d) defects or failures in the Platform due to any factors beyond 3Data’s reasonable control; (e) any version of the Platform for which Customer and Technical Support has been discontinued by 3Data; (f) Evaluation Versions of the Platform or other software provided at no charge; (g) training, customization, integration, and any issues arising from unauthorized use of the Platform; and (h) any on-site services or remote access services.
c. 3Data’s Efforts. While 3Data will make commercially reasonable efforts to correct defects or other errors in the Platform and respond to Incidents as described in this Support Policy, Customer acknowledges that it may not be possible for 3Data to correct every or any defect, error, or problem reported by Customer or of which 3Data is otherwise made aware.
d. Platform Versions Covered
i. Supported Versions: 3Data will provide Support only for the Platform products specified in this Support Policy or as specified at the time of purchase. 3Data’s Support obligations do not cover hardware, operating systems, networks, or third-party software. Customer understands that 3Data may need additional information as to its use of the Platform in order to provide Support and to enhance the Platform.
ii. End of Life: 3Data will provide Support services for a New Version or Previous Version for up to twelve (12) months after the version release date. After such time, 3Data will provide limited support for an additional one (1) month (12), consisting solely of clarifying Documentation and assistance in upgrading to the latest New Version.
4. Policy Details
Important details of this Support Policy are set forth on Exhibit A including the business hours during which 3Data provides Support (“Business Hours”), limits on the number of Supported Contacts, target response times for Incidents, and other details.
5. Named Customer Contacts
a. Customer may designate up to the number of Named Customer Contacts specified in Exhibit A of this Support Policy and may make changes to its Named Customer Contacts. Named Customer Contacts may be reassigned periodically over time, but may not be reassigned so frequently as to enable the sharing of access to more than the number of Named Customer Contacts allowed in Exhibit A or as otherwise agreed between the parties.
b. Named Customer Contacts may report Incidents on behalf of other Authorized Users of the Platform within Customer’s organization, provided that the Named Customer Contact continuously acts as the intermediary between 3Data and such Authorized Users, collaborating with 3Data to resolve the reported Incident and maintaining communication with all involved parties.
6. Incident Submission
a. How to Submit Incidents. Unless otherwise specified in a supplemental support plan purchased by Customer, Incidents are to be submitted to 3Data by a Supported Contact through the Supported Channels as indicated on Exhibit A to this Support Policy.
b. How to Report an Incident. In order to expedite the resolution of Incidents, 3Data expects that Customer will make every attempt possible to:
i. Verify that the Incident is reproducible on the Supported Platforms for the Platform (as applicable).
ii. Provide information necessary to help 3Data track, prioritize, reproduce, or investigate the Incident, such as: Customer name and organization.
iii. Provide a full description of the issue and expected results.
iv. Categorize issues (general question, defect, feature request, etc.).
v. List steps to reproduce the issue and relevant data.
vi. Provide any applicable log files or console output (de-identified of sensitive data if appropriate).
vii. Provide exact wording of all issue-related error messages.
viii. Describe any special circumstances surrounding the discovery of the issue, e.g., first occurrence or occurrence after a specific event, Customer’s business impact of problem, and suggested priority for resolution.
ix. Identify Incident number in any ongoing communications with 3Data on an existing Incident.
c. Customer Cooperation. Customer will provide information and access to Customer resources as reasonably required for 3Data to provide Support. 3Data will be excused from any non-performance of its obligations hereunder to the extent any such non-performance is attributable to Customer’s failure to cooperate as set forth herein.
7. Incident Response and Closure
a. 3Data Incident Response. For each Incident reported by Customer in accordance with these procedures, 3Data shall:
i. Confirm receipt of the reported Incident in a reasonable time as listed in Exhibit A.
ii. Set a Priority Level for the Incident in accordance with the terms below
iii. Upon request of Customer, discuss Priority Level and ongoing communication time frame. 3Data may modify the Incident settings.
iv. Use commercially reasonable efforts to respond to the Incident within the time specified in Exhibit A to this Support Policy.
v. Analyze the Incident and, as applicable, verify the existence of the problem(s) resulting in the Incident, which may include requesting that Customer provide additional information, logs, and re-execution of commands to help identify the root cause and dependencies of the reported issue.
vi. Give Customer direction and assistance in resolving the Incident.
vii. Keep a record of ongoing communications with Customer.
b. Priority Levels. 3Data Support personnel will assign a priority level (“Priority Level”) to each Incident based on the criteria below:
c. Closure of Incidents. After assigning a Priority Level, 3Data will use commercially reasonable efforts to provide initial responses and updates based on the targets in Exhibit A. Incidents shall be closed in the following manner:
i. For solvable issues: Depending on the nature of the issue, the resolution may take the form of an explanation, recommendation, usage instructions, workaround instructions, or advising Customer of an available platform fix.
ii. In the event that custom or unsupported plug-ins or modules are used: 3Data may ask, in the course of attempting to resolve the issue, that the Customer remove any unsupported plug-ins or modules. If the problem disappears upon removal of an unsupported plug-in or module, then 3Data may consider the issue to be resolved.
iii. For issues outside of scope of Support services: 3Data may also close issues by identifying the Incident as outside the scope of Support (pursuant to Section III above) or arising from a version, platform, or usage case which is excluded from this Support Policy.
iv. Dormant Cases: 3Data will consider an open case dormant (and may close the case) if the Supported Contact has not responded to three (3) attempts or more made by 3Data to collect additional information required to solve the case. Customer may request Incidents be re-opened for up to 30 days after case closure. At 3Data sole discretion, Incidents will be re-opened for further investigation if the Incident is deemed to be solvable.