Tsa

ENTERPRISE BOT TECHNICAL SUPPORT AGREEMENT

ENTERPRISE BOT TECHNICAL SUPPORT AGREEMENT

Version 1.1 — Effective 16 August 2021

This Enterprise Bot Technical Support Agreement (“TSA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the Enterprise General Terms of Use located at https://enterprisebot.ai/legal/terms) in place between Customer and Enterprise Bot (“Agreement”). In the event of any conflict between this TSA and the Agreement, this TSA shall prevail to the extent of any inconsistency. Capitalized terms used but not defined herein have the meanings assigned to them in the Agreement.

Enterprise Bot may amend this TSA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s system administrator of the Services being sufficient). Such amendment will be deemed accepted and become effective as per the effective date stated in the amended TSA (the “Proposed Amendment Date”) unless Customer rejects the amendment in writing (an email to legal@enterprisebot.com being sufficient) within 30 days after receiving the notice from Enterprise Bot. In the event of such rejection, this TSA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next subscription term following the Proposed Amendment Date. Customer’s continued use of the Platform following the effective date of an amendment will confirm Customer’s consent thereto. This TSA may not be amended in any other way except through a written agreement by authorized representatives of each party.

Definitions

1. Support Services

1.1 During the term of the Order Form, Enterprise Bot will provide to Customer the applicable Support Services. If Customer has not purchased Medium Package or Large Package, then Small Package will be provided. Support Services do not include: (a) physical installation or removal of the Enterprise Bot Software and any Documentation; (b) visits to Customer’s site; (c) any professional services associated with the Services, including, without limitation, any custom development, data modeling, code review and application architecture/infrastructure design; (d) training; or (e) the set-up, configuration and use of the Services.

1.2 Enterprise Bot’s obligations do not extend to any ongoing test or training instances of the Services provided to Customer, or Downtime, Issues or errors that are caused by: (i) Third party hardware or software; (ii) Use of the Services in violation of the terms of the Agreement; or (iii) Use of the Services other than in accordance with any Documentation or the express instructions of Enterprise Bot.

2. Response Times

2.1 Small Package Response Times. For Customers with Small Package, Enterprise Bot will use commercially reasonable efforts to meet the following target response times during the hours/days, as outlined below.

Support Response Time

 9AM – 5PM Central European Time Zone Monday – Friday

Support Language

English

Support Access Method

E-mail

Support Response Method

Email

Mission Critical (P0)

Critical (P1)

Major (P2)

Minor (P3)

Trivial (P4)

Within 12 business hours

Within 24 business hours

Within 2 business day

Within 4 business days

Within 1 week

 

2.2 Medium Package Response Times. For Customers who have purchased Medium Package, Enterprise Bot will respond in accordance with the response times below. If Enterprise Bot fails to meet the response times, Customer may be entitled to a Response Time Credit as outlined below.

Support Response

24 Hours/Day

365 days/year

Support Language

English

Support Access Method

Web/Phone/Email

Support Response Method

Web/Phone/Email

Number of Support Requests

Unlimited

Mission Critical (P0)

Critical (P1)

Major (P2)

Minor (P3)

Trivial (P4)

Within 4 hours

Within 8 hours

Within 24 hours

Within 1 business days

Within 1 week

 

2.3 Large Package Response Times. For Customers who have purchased Large Package, Enterprise Bot will respond in accordance with the response times below. If Enterprise Bot fails to meet the response times, Customer may be entitled to a Response Time Credit as outlined below.

Support Response

24 Hours/Day

365 days/year

Support Language

English or

Local language (based on availability)

Support Access Method

Web/Phone/Email

Support Response Method

Web/Phone/Email

Number of Support Requests

Unlimited

Mission Critical (P0)

Critical (P1)

Major (P2)

Minor (P3)

Trivial (P4)

Within 2 hour

Within 4 hours

Within 8 hours

Within 3 business days

Within 1 week

(the above response times apply to cases submitted in English)

3. Description of Severity Levels

Mission Critical (P0)

Critical production issue affecting all users, including system unavailability, data integrity issues, or bugs having a significant impact. No workaround available.

Critical (P1)

Major functionality is impacted or significant performance degradation is experienced. Issue is persistent and affects many users and/or major functionality. No reasonable workaround is available.

Major (P2)

Significant loss of functionality. System performance issue or bug affecting some but not all users. A short-term workaround is available, but not scalable.

Minor (P3)

Inquiry regarding a routine technical issue; information requested on application capabilities, navigation, installation or configuration; or bug affecting a small number of users or insignificant business impact. A reasonable workaround is available.

Trivial (P4)

No loss of functionality and no need for a workaround.

4. Medium Package and Large Package Response Times Credits

4.1 For Customers who have purchased Medium Package or Large Package, if Enterprise Bot fails to meet the response times associated with Medium Package or Large Package, Customer may be entitled to a response time credit as outlined below (“Response Time Credit”).

 

4.2 Response Time Credits: Customer will be eligible to receive a Response Time Credit, provided that: (1) Customer has purchased Medium Package or Large Package; (2) Customer has opened a support ticket for an Issue; and (3) Enterprise Bot fails to meet the response times for Level 1 and Level 2 support tickets three (3) times during the given calendar month (collectively, a “Response Credit Event”).

In the event that Customer incurs a Response Credit Event, Customer will receive a Response Time Credit of fifteen (15%) percent of the fees paid by Customer for the applicable Silver Service or Gold Service for the month the Response Credit Event occurred. The Response Time Credit will be calculated on a straight-line, pro-rated basis with respect to any fees paid in advance. Notwithstanding anything to the contrary, in no event will the total amount of Response Time Credits exceed 50% of the applicable Medium Package or Large Package fees paid by Customer for the corresponding month. For clarity, for the purpose of calculating Response Time Credits, calendar months are calculated based on Central European Time Zone.

The Response Time Credit is Customer’s sole and exclusive remedy for any failure by Enterprise Bot to meet any response time performance obligations pertaining to the Services as set out in this TSA. Customer is not eligible to receive Response Time Credits during any period of time when payments owed are past due.

For Customer Order Forms placed through Enterprise Bot, Response Time Credits will be issued by Enterprise Bot, as determined in its sole discretion, either by applying to future billing cycle(s) or as a refund against annual fees earlier paid.