TECHNICAL SUPPORT & MAINTENANCE POLICIES
For Patches, bug fixes, enhancements, and general updates
These Technical Support and Maintenance policies apply to technical support and maintenance services provided by DryvIQ, Inc. (DryvIQ) for its software products and documentation (collectively “Software”). “you” and “your” refer to the individual or entity that is currently eligible for DryvIQ Technical Support and Maintenance for the Licensed Software from DryvIQ.
to the Software, as well as upgrades to new versions of the Software will be made available to you, provided that you are current on your payments. These are provided without additional charge to you and are considered part of the Software and licensed to you pursuant to your license for the Software. Technical support is provided for any given release of the Software one year from the point in time when a newer release of the Software became available.
DryvIQ also maintains an on-line support portal https://support.dryviq.com/ to assist you in logging and tracking service requests, as well as a collection of self-help tools in the form of downloads, knowledge bases, and FAQs. You will receive credentials to access the portal upon receipt of an executed enterprise terms and order. Your access to this portal shall continue during the term of your software license agreement.
DryvIQ will use reasonable efforts to correct errors and provide maintenance for the Software as outlined below. DryvIQ, as mutually agreed upon, can change the severity level associated with a service request if it is determined that the issue does not meet the criteria defined below. Additionally, DryvIQ may choose to close a support request if the problem being reported is not reproducible. All requests for technical support and maintenance assistance will include one of the following severity levels:
(i) Severity 1 (Emergency) – The Software or a significant portion of the Software is totally inoperative and no workaround exists. Assigning this severity level to a service request should be limited to situations where a production or “live” environment is completely inoperable.
(ii) Severity 2 (High) – The Software is usable, but is functionally degraded or restricted in a significant way and no workaround exists. Assigning this severity level to a service request should be limited to situations where the normal operation of the system or a significant part of the system has been disrupted.
(iii) Severity 3 (Low) – The Software is usable but one or more functions may not operate as expected. This is a non-critical situation or one for which an acceptable, albeit temporary, workaround has already been provided.
DryvIQ will make reasonable efforts to respond to technical support and maintenance requests based on the severity level as shown above. The “Response Time” is the time elapsed between the initial report by you and when DryvIQ aims to send an initial response to your report. A “business day” means a regular business workday other than a Saturday, a Sunday or U.S. public holidays:
“Standard Business hours” means the hours between 9 am and 5 pm Eastern Time on a “business day”. All Support cases will be responded to within 2hr during the Standard Business Hours. For cases that are submitted afterhours they will be responded to the following business day.
Target Resolution Times.
While DryvIQ makes no warranties about actual resolution times, we will make all reasonable efforts to resolve technical support and maintenance requests based on the severity level as shown below:
- Obligations and Restrictions for DryvIQ self-deployed (non-hosted) Customers.
You agree to install all updates for the Software you have licensed within a reasonable period of time. You will be notified via e-mail of released software updates. You acknowledge that failure to update the software in a timely fashion may render the software inoperable, at which point DryvIQ will not be required to provide technical support.
You agree to give DryvIQ access to the installed Software as necessary and make all reasonable efforts to aid DryvIQ staff in determining the cause of any problem. This includes, but is not limited to, setting up and providing a Web conferencing tool (e.g.: Microsoft Teams, Zoom, GotoMeeting, etc.) gathering error logs and executing test scenarios. DryvIQ will provide Licensee with the type of connectivity to be used for remote access; Licensee must pre-approve all remote access arrangements. (Upon mutual agreement with the customer, limited VPN access may be required). Any such remote access by DryvIQ shall be subject to DryvIQ’ compliance with the confidentiality requirements set forth in the license agreement between DryvIQ and Licensee. Failure to provide access to the installed Software, or failure to provide reasonable efforts in assisting DryvIQ in its problem resolution efforts as set out above, shall extend the “Target Resolution Times” by a period equal to the time of the delay in providing said access.
If you request DryvIQ to provide technical support and maintenance services for (i) problems caused by your use of the Software outside the scope of the Software license or documentation or by any changes or modifications to the Software not authorized by DryvIQ; (ii) problems caused by any changes to your system environment; or (iii) any problem for which DryvIQ is not obligated to provide technical support and maintenance services, such technical support and maintenance services are subject to availability of DryvIQ personnel and will be billed to you at DryvIQ’ standard time and materials rates at the time of such service. Furthermore, the resolution of any such problems shall not serve as the basis for either (i) the termination of this contract by you.
- Term and Termination.
Technical support and maintenance services shall commence upon the date indicated in the applicable ordering document or invoice from DryvIQ and continue for the period specified.
If your license to the Software is terminated, DryvIQ’s obligation to provide technical support and maintenance services terminates at the same time. The termination, cancellation or non-renewal of technical support and maintenance services does not relieve you of your obligation to pay any amounts due or accrued as of the date of termination, or any other of your obligations to DryvIQ then or thereafter accrued.