Global Customer Support and Maintenance Terms and Conditions

1. Support Terms

These Global Customer Support Services Terms and Conditions (“Support Agreement”) set forth the terms and conditions under which Aqua Security (“Company”) with whom you (“Licensee”, and together with Company, a “Party” and the “Parties”) have entered into a commercial Agreement and related Purchase Order for  Company’s products and services (“Products and Services”), as defined in the Agreement (the “Agreement” and “Solution” respectively), will provide technical support and maintenance services to Licensee for the Products and Services.

The Support Services are provided to the Licensee during the license term described in the Agreement (“License Term”) and are subject to Licensee’s payment of the applicable license Fees payable thereunder. Licensee acknowledges that the Support Services may be provided by company and/or a Company Affiliate. A “Company Affiliate” means, with respect to Company, any person, organization or entity controlling, controlled by, or under common control with, Company, where “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, organization or entity, whether through the ownership of voting securities or by contract or otherwise. Company reserves the right to revise this Support Agreement at any time by posting the revised version on the customer support portal in use at that time, provided however this will not materially decrease the level of Support Services as herein. The revised version will be effective ten (10) days after such posting.

2. Solution Updates

Company may, from time to time, during the License Term, release program updates (i.e. releases, enhancements and bug fixes) to the Products and Services (“Updates”). Company will make such Updates available to Licensee to the extent generally made available by Company to its supported customers under valid support contracts, and at no additional cost.

3. Solution Support

During the License Term, Licensee is entitled to use the Company Support Portal and Web Site. Company will receive Licensee’s requests for support through the channels and during the hours described below in section “Support Channels” and “Business Hours”. Once Company has determined that the support request is covered by a valid Agreement, Company will respond to such support requests based in the manner described in section “Support Response Times and Severity Levels”, when a support request is made to obtain assistance with Errors in the Solution. Licensee may have up to four (4) support contacts for purposes of receiving Support. A support contact for this purpose is a single individual, named in advance, who is authorized to contact Company Technical Support to make use of the Solution’s Support Services.

As used herein:

“System” means a Licensee production-environment system that directly impacts Licensee’s business operations.

“Support and Maintenance Services” refers to Company’s responsibilities to address errors related to any of the Company’s Products and Services, which are verifiable and reproducible failure of the Services, to substantially conform to its published specifications (“Error”). Notwithstanding the foregoing, “Error” shall not include any failure caused by any of the Exclusions specified in Section 8 herein.

This Support Agreement is Licensee’s sole and exclusive remedy for any Errors specified herein.

4. Support Tickets

A “Ticket” is defined as a request for support entered via the Aqua Support Portal (defined below), associated with the Licensee accounts, and given a unique identifier. All times associated with a Ticket shall be governed by timestamps of activity in the Aqua Support Portal.

5. Support Channels

Licensee may initiate a Ticket using any of the following channels:

a) Logging in and creating a Ticket on Aqua Support Portal (currently, https://support.aquasec.com) (“Aqua Support Portal”)

b) Sending an email to a designated email address, which results in Ticket created in the Aqua Support Portal. (Currently [email protected])

c) Phone support is available for SEVERITY 1 incidents based on the Licensee’s support contract with Company as described in the section Support Response Times and Severity Levels.

US Toll Free: +1 844-278-2403
International – UK:  +44 20 3872 2782
International – All Other: +1 844-278-2403
Australia Toll Free: +61 1800 560 849

6. Business Hours

Business Hours are the hours in which business is normally conducted excluding public holidays. Company will monitor newly created Tickets during Business Hours, as follows: (i) for Severity Level 1 Business Hours are provided on a 24/7 basis for Premium Support (as described in Support Response Times and Severity Levels), otherwise (ii) Business Hours are as follows:

North America: Mon–Fri, 9 a.m. to 5 p.m. (Local Time Zone).
APAC: Mon-Fri, 9 a.m. to 5 p.m. (Local Time Zone).
EMEA (Europe, Middle East, Africa): Mon–Fri, 9 a.m. to 5 p.m. (GMT/GMT+1).

The preceding Business Hours are subject to the Exclusions specified below and to scheduled maintenance.

7. Support Response Times and Severity Levels

When initiating a Ticket, Licensee must provide a severity level corresponding to the business impact of the reported condition. Company will respond to the Ticket with an acknowledgment of the request on the Aqua Support Portal, including an initial assessment, or request for more information. Response times will be as follows, from the time of Ticket creation (unless they fall outside the Business Hours, which will result in a response on the next available day):

8. Exclusions

Solution Support described above will be provided only with respect to supported versions, at the time of Ticket creation, and shall exclude Errors resulting from any of the following:

a. Modifications of the Solution that have not been approved by Company in writing
b. Licensee’s failure to implement in a timely manner any Updates made available by Company
c. Licensee’s environment, installation or setup steps, not validated or documented by Company; or failure to meet documented minimal supported hardware and software requirements
d. Use of the Solution other than as permitted in the License Agreement, or in violation of any laws
e. Any fault in any third-party hardware, software, firmware, or other product or service used in conjunction with the Solution, or any other causes beyond the reasonable control of Company
f. Licensee’s negligence or willful misconduct

9. Customer Responsibilities

The obligations of Company under the above terms are subject to the following:

a. Licensee will promptly report to Company any Error with the Solution, when it is discovered, along with the correct severity level.
b. Licensee agrees to receive communications from Company in the manner prescribed herein.
c. Licensee agrees that a person familiar with the Error will be available to work with Company at any time after a Ticket is created.
d. Licensee agrees to (i) allow Company access to Licensee’s system solely for the purpose of resolving any Error under this Support Agreement, and (ii) provide to Aqua, any technical information, documentation, setup and environment information, solution logs, details of custom components of the application, any output or error message, and any other information that Company may reasonably request; all in order to reproduce operating conditions similar to those present when the Error occurred and take the appropriate actions to resolve it.
e. Licensee agrees to implement any recommendation or Update in a timely manner, and to report when the Ticket can be closed.
f. Licensee agrees to provide dedicated resources for Severity 1 tickets to work with Company on an ongoing basis during as necessary for Company to meet the required response times

Aqua Security offers Cloud Native Security Platform, including its various modules, delivered either as Software as a Service (SaaS) or as Self-hosted by the Customer. To the extent your purchase includes SaaS module, the following Service Level Agreement shall apply.

Service Level Agreement

1. Definitions

“Service Hours” or “Uptime” refers to any time outside Scheduled Maintenance and excludes any Downtime Exclusions as specified below.

“Maintenance” refer to Licensee rights to receive bug fixes and version upgrades for the product purchased, which may include either one of the following at Company’s discretion: temporary workaround; code or patch release that will be delivered according to a time schedule determined by Company; or Software enhancement or new feature that will be delivered according to a time schedule determined by Company. 

“Scheduled Maintenance Interruption” refers to any planned down time, interruption or degradation of the Licensed Services or Licensed Products or the operation of the System (defined below) which is required, in Company’s opinion, for the correction or update of any part of the Licensed Services or Licensed Products and for any reason. 

“Emergency Maintenance Interruption” refers to any unexpected down time, interruption or degradation of the Licensed Services or Licensed Products or the operation of the System which is required for the correction of any part of the Licensed Services or Licensed Products for any reason

“Scheduled Maintenance” refers to collectively the Scheduled Maintenance Interruption and Emergency Maintenance Interruption, and shall be calculated together and in the aggregate for the purpose of determining Availability.

All other terms not defined herein shall have the meaning ascribed to them in the Software as a Service Agreement or the Support Terms and Conditions.

2. Availability

2.1 Company will use commercially reasonable efforts to ensure effective and efficient achievement of availability of the Licensed Service during Service Hours of 99.9%.

Availability will be calculated and reported on a monthly basis and will be calculated as follows:

2.2 A Maintenance schedule has been drawn up for scheduled Maintenance. A notice for Schedule Maintenance Interruption shall be provided at least 48 hours prior to the Scheduled maintenance occurrence; A notice for Emergency Maintenance Interruption shall be provided as soon as practically possible following the event which requires such interruption.

2.3 Company will attempt to maximise actual availability even during the period for scheduled Maintenance. In no event shall planned downtime during Scheduled Maintenance, be it for a major release or others, exceed six (6) hours per month.

2.4 Downtime exclusions include: (i) force majeure events; (ii) Scheduled Maintenance; (iii) Licensee’s Internet service failures; (iv) any failure of Licensee’s own hardware, software or network connection; (v) Licensee’s bandwidth restrictions; (vi) Licensee’s acts or omissions; and/or (vii) Anything outside of the direct control of Company (including  downtime resulting directly or indirectly from any failures of Company’s third party hosting providers.

2.5 If Company fails to meet its guaranteed Availability of 99.9% in any month, Customer will be credited by an extension to the License Term under the applicable Purchase Order, according to the following calculation, as sole and exclusive remedy to the Licensee:

For clarity purposes, the Services Credits will be calculated on a monthly basis, as a percentage of the monthly license Fees (not including support or other additional fees) as per the table above, and will be added as an extension to the License Term (instead of a financial refund).

By way of example – if the credit due is 5% than Licensee would be entitled to 1.5 days extension to the License Term (30 days X 24 hours = 720 X 5% = 36 hours = 1.5 day).