Global Customer Support and Maintenance Terms and Conditions

1.  Purpose

These Global Customer Support Services Terms and Conditions (“Support Agreement“) set forth the terms and conditions under which Aqua Security (“Aqua“) with whom you (“Customer“, or “Subscriber”), and together with Aqua, a “Party” and the “Parties“) have entered into a licensing agreement and related purchase order for the Aqua Platform (the “License Agreement” and “Solution” respectively) will provide technical support and maintenance services to Customer (“Support Services“) for the licensed platform. This Support Agreement is applicable to both Aqua Wave and Aqua Enterprise. Aqua Wave is Aqua’s multi- tenant SaaS offering. Aqua Enterprise, available both as an on-premise software, or as a single-tenant SaaS offering, is Aqua’s most comprehensive cloud native security offering. Unless otherwise specified herein, the terms of this Support Agreement shall apply to both of the aforementioned Aqua offerings.

The Support Services are provided to the Customer during the license subscription-term described in the License Agreement and are subject to Customer’s payment of the applicable license fees payable thereunder. Customer acknowledges that the Support Services may be provided by Aqua and/or an Aqua Affiliate. An “Aqua Affiliate” means, with respect to Aqua, any person, organization or entity controlling, controlled by, or under common control with, Aqua, 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. Aqua 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. The revised version will be effective ten (10) days after such posting.

2.  Software Updates

Aqua may, from time to time, during the License Term, release Program Updates (i.e. releases, enhancements and bug fixes) to the Software (“Updates“). Aqua will make such Updates available to Customer to the extent generally made available by Aqua to its supported customers under valid support contracts, and at no additional cost.

3.  Software Maintenance Services for Aqua Enterprise

Aqua will provide Software Maintenance Services for (1) the current Major Release of the Software (“N”) and one prior Major Release of the Software (“N-1”) or (2) all Major Releases of the Software released within the preceding 18-month period, whichever is longer. A Major Release is designated by Aqua as “right of the first dot”, such as version 4.6, 5.0, and 5.3. Aqua will provide Software Maintenance Services for critical security issues affecting the Software (i.e. a significant vulnerability) for (1) the current Major Release of the Software (“N”) and one prior Major Release of the Software (“N-1”) or (2) all Major Releases of the Software released within the 18-24 month period, whichever is longer. A withdrawal of Software Maintenance Services for a prior Major Release of the Software shall not affect Customer’s rights to use that version of the Software under this Agreement during the Customer’s License Term.

4.  Software Maintenance Services for Aqua Wave

Aqua will provide Software Maintenance Services for versions hosted by Aqua during the Customer’s License Term. Updates and new releases of Aqua Wave are as specified in the “Software Updates” section herein.

5.  Software Support

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

Error” means any verifiable and reproducible failure of the Solution, on a customer system, to materially perform the functions described in the manuals, specifications, and similar documentation accompanying the Solution or otherwise made available by Aqua (“Documentation“). Aqua will use commercially reasonable efforts to resolve or provide a workaround for the Error. As used herein, a “System” means a Customer production-environment system that directly impacts Customer’s business operations.

6.  Support Tickets

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

7.  Support Channels for Aqua Enterprise

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

  1. Logging in and creating a Ticket on Aqua Support Portal (currently, https://support.aquasec.com)
  2. Sending an email to a designated email address, which results in Ticket created in the Aqua Support (Currently support@aquasec.com)
  3. Phone support is available for SEVERITY 1 incidents based on the customer’s support contract with Aqua 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

8.  Support Channels for Aqua Wave

Customer may initiate a Ticket using the support widget embedded into the Aqua Wave portal.

9.  Business Hours

Business Hours are the hours in which business is normally conducted excluding public holidays. Aqua 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.

10.  Support Response Times and Severity Levels

When initiating a Ticket, customer must provide a severity level corresponding to the business impact of the reported condition.

Aqua 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):

Level

Severity Level Definition Premium Support
Response Time

Standard Support
Response Time

1

“System Down” or a Solution-inoperative condition impacting Customer’s production environment for which no workaround is immediately available, and where: (i) mission critical Systems are down; (ii) a substantial portion of mission-critical Systems data is at a significant risk of loss or corruption; (iii) a substantial loss of service to mission-critical Systems; (iv) Customer’s business operations have been severely disrupted; or (v) the Solution causes catastrophic network or Systems failure or that compromises overall Systems integrity or data integrity and significantly disrupts Customer’s business operations.

1 hour – 24×7 coverage

2 Business Hours

2

High-impact condition possibly endangering a System.
The Solution may operate but is severely restricted.

2 Business Hours

4 Business Hours

3

Low-impact business condition with a majority of Solution functions still usable; however, some circumvention may be required to provide service.

 

4 Business Hours

8 Business Hours

4

With no impact on business conditions, (i) a minor problem or question that does not affect the Solution function, (ii) an error in Solution’s Documentation that has no significant effect on operations; or (iii) a suggestion for new Solution features or enhancements.

8 Business Hours

16 Business Hours

11.  Exclusions

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

a)  Customer’s failure to implement in a timely manner any Updates made available by Aqua

b)  Customer’s environment, installation or setup steps, not validated or documented by Aqua; or failure to meet documented minimal supported hardware and software requirements

c)  Use of the Solution other than as permitted in the License Agreement, or in violation of any laws

d)  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 Aqua

e) Customer’s negligence or willful misconduct

12.  Customer Responsibilities

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

Modifications of the Solution that have not been approved by Aqua in writing

a)  Customer will promptly report to Aqua any Error with the Solution, when it is discovered, along with the correct severity

b)  Customer agrees to receive communications from Aqua in the manner prescribed

c)  Customer agrees that a person familiar with the Error will be available to work with Aqua at any time after a Ticket is

d)  Customer agrees to provide to Aqua, on request, any technical information, documentation, direct view into customer system, setup and environment information, solution logs, details of custom components of application, any output or error message, detailed steps to enable Aqua to replicate the problem, any other information that Aqua may reasonably request in order to reproduce operating conditions similar to those present when the Error

e)  Customer agrees to implement any recommendation or Update in a timely manner, and to report when the Ticket can be

f)  Customer agrees to provide dedicated resources for Severity 1 tickets to work with Aqua on an ongoing basis during as necessary for Aqua to meet the required response times

Version 3.0, December 2020