Determined AI Support Policy

Last Update: November 4, 2019

Determined AI provides Support Services of eligible Determined AI Products under the terms of this Support Policy as long as Customer maintains a current subscription to Support. “Support Services” means the services described in this Support Policy and does not include one-time services or other services not specified in this Support Policy, such as training, consulting or custom development. This Support Policy is part of and subject to the Master Software License Agreement with Determined AI (the “Agreement”)and the Order Schedule under which Customer purchased its Subscription including Support.

1. Supported Software
Support covers only the Determined AI Products delivered to Customer by Determined AI under the Agreement (the “Supported Software”). The Supported Software includes the open source software and other third party components delivered to Customer by Determined AI. Similar third party components might be available from other sources, but Support covers only the software delivered to Customer by Determined AI.

2. Informational Support
Determined AI will provide reasonable product and technical support to address questions concerning use of the Supported Software. Technical Contacts may initiate Support by sending an email to[email protected]. Support is provided in the English language only.

2.1 Determined AI often interacts with Customers on Slack. Slack is not an official support channel and issues raised there are not subject to the SLAs outlined in the Support Policy.

3. Technical Currency
As part of Support, and at no additional license fee, Determined AI will provide Customer with all new versions of the Supported Software that it generally releases, including all improvements, enhancements, and bug fixes. The three latest versions are provided subject to the terms of the Agreement. Support does not include any item that Determined AI licenses separately from the Software or that Determined AI makes available for an additional fee.

4. Issue Resolution
Determined AI will use commercially reasonable efforts to resolve any Issues submitted by Customer’s Technical Contacts. Such efforts may include helping with diagnosis, suggesting workarounds, providing patches, or making a change to the Supported Software in a new release. An “Issue” is a material and verifiable failure of the Supported Software to conform to its Documentation. Support will not be provided for the following: (1) use of the Supported Software in a manner inconsistent with the applicable Documentation, (2) modifications to the Supported Software not provided by or approved in writing by Determined AI, or (3) use of the Supported Software with products or software not provided or approved in writing by Determined AI. Customer shall not submit Issues arising from any software other than the Supported Software or otherwise use Support for unsupported software.

5. Service Levels
When a Technical Contact submits an Issue, Determined AI will reasonably assess its priority according to the appropriate priority levels defined below. Determined AI will confirm the priority level with Customer and will resolve any disagreement regarding the priority as soon as reasonably practical. Priority 1 and Priority 2 levels are not available for non-production systems.

TABLE 1

Hours:

24x7x365

Logging:

Web

Issues:

Unlimited

Priority #:

Target Response

Priority 1

6 Business Hours

Priority 2

2 Business Day

Priority 3 & 4

3 Business Days, excluding holidays

Priority 1 means an Error which renders the Software inoperative with the Customer’s production system or Customer’s production functionality. This does not apply to Customer’s development systems. Customer cannot continue essential operations.

Priority 2 means an Error which significantly degrades the performance of Software but does not cause complete inoperability for Customer. An Error that prevents the Customer from enabling a feature in a production environment that the production system does not currently rely on would be a Priority 2 Error.

Priority 3 means a lower impact problem on a production or non-production system that involves a partial or limited loss of non-critical functionality, or some other problem involving no loss in functionality. Customer can continue essential operations. Priority 3 problems also include all problems on non-production systems, such as test and development systems.

Priority 4 means a general usage question. It also includes recommendations for requests for new products or features, and requests for enhancements or modifications that may be included in a future release, at Determined AI’ discretion. There is no impact on the quality, performance, or functionality of the product in a production or non-production system.

6. Customer Responsibilities
Customer shall provide Determined AI with data, process information, online access to the Supported Software, supporting analysis, and access to Customer’s Technical Contacts as reasonably required to allow Determined AI to resolve reported Issues. Customer is responsible for the adequate duplication and documentation of all of its files and data for back-up purposes.

7. How to Escalate a Support Issue

Determined AI Support is committed to providing accurate and timely solutions to technical support needs. If Customer’s Technical Contact has a critical or serious technical issue on its production system or is not satisfied with the response or resolution provided by Determined AI Support, Customer may escalate by filing a new, linked issue. Customer’s Support Contact may further escalate the issue to the most senior Support executive after one additional business day.

8. Exclusions
8.1 Notwithstanding any language in the Agreement to the contrary, Determined AI will not support: (i) any modifications, alterations, or derivative works of the Software not made by Determined AI; (ii) any Software that is not a Supported Release; (iii) Errors or other problems caused due to Customer’s negligence, abuse, misapplication or use of Software other than as specified by Determined AI, or any other causes beyond the control of Determined AI; (iv) errors, defects or deficiencies in any data or other items furnished or generated by Customer; (v) Software installed on any Environment that is not supported by Determined AI; (vi) any third party software or equipment; (vii) any physical installation or removal of the Software; and (viii) visits to Customer’s site or telephone support for which Customer does not subscribe.

8.2 Determined AI will have no liability or obligation with respect to any changes in the Customer’s Environment which may be necessary to use Software due to a Workaround or maintenance release. Determined AI will have no responsibility for correcting Errors if Customer fails to implement any Error correction or Supported Releases made available by Determined AI.

8.3 Determined AI will not be obligated to provide support unless Customer designates an individual to perform problem determination and implementation of remedies as Determined AI may reasonably request.

Such individual will be (a) knowledgeable about the operation of the Software and the hardware on which the Software is installed and (b) qualified to perform problem determination and remedial functions with respect to the Supported Software.

9.Amendments
Except as expressly provided herein, no modification of this Support Policy will be effective unless contained in writing and signed by an authorized representative of each party. From time to time, Determined AI may amend this Support Policy in its sole discretion. Determined AI will post the amended terms on the Determined AI website at https://determined.ai/supportservices/. Determined AI will also update the “Last Update” at the top of this Support Policy. By continuing to access or use Support after Determined AI has provided Customer with such notice of a change, Customer agrees to be bound by the modified Support Policy. If the changes have a material adverse impact on and are not acceptable to Customer, then Customer must notify Determined AI within 30 days of the applicable Last Update. If Determined AI cannot accommodate Customer’s objection, then the prior Support Policy shall govern until the expiration of the then-current subscription period. Any renewed subscription will be governed by the then-current Support Policy. No term or condition contained in Customer’s purchase order or similar document will apply unless specifically agreed to by Determined AI in writing, even if Determined AI has accepted the order set forth in such purchase order, and all such terms or conditions are otherwise hereby expressly rejected by Determined AI.