YUGABYTE SERVICES POLICY
This Yugabyte Services Policy (“Policy”) contains the exclusive terms and conditions applicable to the Services which Yugabyte, Inc., provides to its Customers. This Policy supplements the End User License Agreement or other written agreement between Yugabyte and the Customer (collectively referred to as “EULA”) that references or incorporates this Policy. This Policy governs any conflict with any other terms, conditions or agreements relating to its subject matter and may be updated by Yugabyte from time to time. All capitalized terms not defined herein are as defined in the EULA.
“Business Hours” means Monday to Friday from 8 a.m. to 6 p.m., Pacific Time, excluding Yugabyte holidays.
“Customer” means the end user licensee of the Software for which Yugabyte performs Services.
“Documentation” means the end user manuals, Software specifications, other materials and all updates relating to the functionality or operation of the Software provided with the Software or made available for download for use in conjunction with the Software expressly excluding marketing and sales collateral and materials.
“Errors” mean a failure of the Software to conform substantially to the Documentation at the time of delivery which is reproducible and otherwise covered under the Policy.
“Professional Services” or “Advanced Technology Services” means any training, validation, integration, database administration or other professional services as specified in an attachment to this Policy or in writing, signed by the parties.
“Software” means the Yugabyte software licensed to End Users in accordance with the EULA and all Updates, Upgrades, alterations, modifications and derivatives thereof which Yugabyte makes available excluding open source and third party software.
“Services” means, collectively, Professional Services and Support Services.
“Support Services” means the technical support and maintenance services under this Policy.
“Update” means maintenance releases to resolve Errors, such as bug fixes and patches, and minor releases which may include new features, functionality and minor enhancements.
“Upgrade” means a major release which includes new features of functionality and enhancements which are made available from time to time and for which an additional fee may apply.
2. Support Services.
Support Services are described in the Support Services Attachment, incorporated into and made a part of this Policy. The fees for Support Services are included in the Subscription Fee for the Software.
3. Professional Services.
Professional Services are described in the Professional Services Attachment, incorporated into and made a part of this Policy. The fees for Professional Services are in addition to the Subscription Fee for the Software.
4. Terms and Conditions.
4.1 Availability of Services. Support Services are performed in accordance with the Support Services Attachment during the Subscription Term. Professional Services are scheduled at a mutually agreed upon time a minimum of 5 business days prior to the expected Services date. Services to be performed during weekends, holidays or off-hours, or in a different time zone for more than two consecutive days, will be scheduled in advance and upon mutual agreement between the parties and additional charges may apply. Yugabyte may suspend or terminate providing Services, without liability, if the Customer breaches this Policy or the EULA or the EULA expires or is terminated for any reason. Services are available only in the English language.
4.2 Delivery of Services and Travel. All Services are performed remotely through a VPN or video conferencing. If travel is required, as the parties agree, Customer will reimburse Yugabyte for expenses and plus 50% of the travel time of the Yugabyte personnel (“Travel Expenses”).
4.3 Customer Responsibility. Yugabyte’s obligations to perform Services are subject to the following:
- Promptly Reporting Errors. Customer will notify Yugabyte promptly of all Errors and implement corrective measures and procedures promptly.
- Primary Contact. Customer identifying a knowledgeable, skilled technical contact to cooperate with and enable Yugabyte to deliver the Support Services.
- Access and Resources. Customer will: (i) enable appropriate access to Customer’s management, staff, facilities and resources for Yugabyte to perform the Services including remote access, as necessary; (ii) promptly respond to Yugabyte’s communications and requests for documentation, information or assistance, and, (iii) ensure all data is backed-up and protected.
- Delays. Any delay caused by unavailability of scheduled Customer resources or failure to notify Yugabyte of any previously known issues or scheduled activities that could reasonably be expected to impact the Service schedule are the Customer’s responsibility and may result in delays or additional fees.
- Backing-Up and Protecting Data. Customer is solely responsible for protecting and backing up all of its data and information stored on the computers on which the Software is used and should confirm that such data and information is protected and backed up in accordance with any internal or regulatory requirements as applicable, before contacting Yugabyte for Support Services. Yugabyte is not responsible for lost data or information in the event of errors or other malfunction of the Software or computers on which the Software is used.
5. Yugabyte’s Limited Services Warranty, Disclaimer and Exclusions.
- Yugabyte warrants Services will be performed by Yugabyte or its contractor in a good and workmanlike manner in material conformity with industry standards and this Policy. Customer is responsible for backing up or otherwise protecting data at all times. Yugabyte’s sole obligation and Customer’s sole remedy will be to re-perform nonconforming Services of which Customer notifies Yugabyte in writing within 10 days of the affected Services being performed or, for Professional Services, the date of Yugabyte’s written notification to the Customer under Section 3. The limited warranties are made to Customer as the user of the Software only and may not be passed on or otherwise assigned or transferred.
- YUGABYTE DOES NOT, AND CANNOT, WARRANT THAT THE SERVICES, WILL MEET CUSTOMER OR AN END USERS’ REQUIREMENTS OR THAT OPERATION OF SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. YUGABYTE IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF ANY SOFTWARE OR SERVICES WHETHER OR NOT DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE OR CAUSE OF ANY NATURE BEYOND ITS REASONABLE CONTROL. CUSTOMER IS SOLELY RESPONSIBLE TO BACKUP AND OTHERWISE PROTECT ALL OF ITS DATA, HARDWARE, SOFTWARE AND SYSTEMS. YUGABYTE IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DESTRUCTION OF DATA. EXCEPT AS EXPRESSLY STATED IN THIS POLICY OR THE EULA, YUGABYTE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN SUCH CASE, THIS PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Yugabyte is not liable for and has no obligation to provide Support Services for: (i) hardware related issues; (ii) use of the Software contrary to the EULA or Documentation; (iii) Software which is not a Current Supported Software Releases as described in the Support Services Attachment; (iv) unauthorized modifications, alterations, maintenance or repair to the Software; (v) problems external to the Software; (vi) coverage for network failures or network configurations; (vii) changes or upgrades made to third party hardware or software (including changes to the server environment on which the Software reside); or (viii) lost or damaged data. Yugabyte may assist Customer with such problems for an additional fee.
6. Data Collection and Usage.
Yugabyte may collect, use, store and transmit technical and related system information regarding Customer’s use of the Software, solely to facilitate Yugabyte providing Support Services under this Policy. Any correspondence and log files generated in conjunction with a request for Support Services should not contain any sensitive, confidential or personal information.
Support Services Attachment
Yugabyte, Inc. Services Policy
1. Requesting Support Services. Support Services are requested by submitting a support case by:
- Reporting the issue using Yugabyte’s online support system https://yugabyte.zendesk.com/ (“Support Portal”);
- Calling 1-833-YUGABYT or 1-833-984-2298 to report the Error; or,
- Sending email to [email protected] (only from email addresses that are preregistered in Yugabyte’s Support Services system)
Customer will: (i) provide Yugabyte with reasonable detail of the nature of and circumstances surrounding the Error, and (ii) provide Yugabyte with reasonable access to Customer’s environment as necessary to enable Yugabyte to provide Support Services.
2. Severity Level.
Support case priorities are assigned based on the severity level of the Error. Response times depend on the severity level and the complexity of the Error. Customers may request the priority when submitting the support case. After reviewing the case and contacting the Customer, Yugabyte Technical Support Engineer will set the case’s priority level in accordance with the guidelines below. Error severity levels may be re-evaluated upon availability of a workaround.
Severity 1 (“S1”) – An S1 is a major Error within the Software that severely impacts the Customer’s use of the Software for production purposes, such as the loss of production data or where production systems are down or not functioning and no work around exists.
Yugabyte will use continuous efforts on a 24×7 basis to provide a resolution for any S1 problem as soon as is commercially reasonable. For any S1 problem, Customer is advised to log a case via the Support Portal and to call Yugabyte at one of the phone numbers stated above.
Severity 2 (“S2”) – An S2 is an Error within the Software where the Customer’s system is functioning but in a degraded or restricted capacity, such as an Error that is causing significant impact to portions of the Customer’s business operations and productivity, or where the Software is exposed to potential interruption of service.
Yugabyte will work during its normal hours of operation to provide a resolution for any S2 Errors as soon as is commercially reasonable. For any S2 problem, Customer is advised to log a case via the Support Portal and to call Yugabyte at one the phone numbers stated above.
- Severity 3 (“S3”) – An S3 is a medium-to-low impact Error that involves partial or non-critical loss of functionality, such as a problem that impairs some operations but allows the Customer’s operations to continue to function. Yugabyte will use commercially reasonable efforts during Business Hours to provide a resolution for any S3 Error.
- Severity 4 (“S4”) – An S4 is a low priority request for information where there is no impact to business operations. Yugabyte will use commercially reasonable efforts during its normal hours of operation to respond to this request.
3. Target Response Times.
The Target Response Time is determined by the Severity Level assigned to the support case. The Yugabyte Technical Support Engineer will use commercially reasonable efforts to respond to a case based on the Severity Level. Target Response Times begin once a case is opened by the Yugabyte Technical Support Engineer and continue during Business Hours until the case is closed.
||Target Response Time
||1 Hour if telephone call placed after submitting case through Support Portal
||4 Business hours if telephone call placed after submitting case through Support Portal
||8 Business hours
||Next Business Day
4. Release Support.
- For the maintenance support period of at least 1 year from the minor release date, Yugabyte will provide Updates for such release.
Following the maintenance support period, Yugabyte will provide Updates for at least an additional 180 days subject to the following guidelines:
- Updates and Upgrades will not be made to the minor release.
- Yugabyte will direct Customers to existing Updates and workarounds applicable to the reported case.
- Yugabyte may direct Customers to Upgrade to a current release if a workaround does not exist.
- Yugabyte will post publicly on its website a notice of End of Life (EOL) for the affected Software and the timeline for discontinuing Support Services. Yugabyte has no obligation to provide Support Services for Software after EOL.
- Current Supported Software Releases are listed on Yugabyte’s website.
Starting with version `2.2`, Yugabyte uses even a new release versioning convention for stable and latest releases. The following sections cover the new release versioning convention and descriptions of stable and the latest releases. Yugabyte follows the semantic versioning semver convention for numbering release versions, modified slightly to use even and odd minor releases to denote stable and latest releases, respectively. Release versions follow the semantic versioning format of `MAJOR.MINOR.PATCH`, where non-negative integers are used for:
`MAJOR`— Includes substantial changes.
`MINOR` — Incremented when new features and changes are introduced.
`EVEN` — Stable minor release, intended for production deployments.
`ODD` — Latest minor release, intended for development and testing.
`PATCH` — bug fixes and revisions that do not break backwards compatibility.
Maintenance and EOL support policy applies to even (stable) releases only. Customers are advised to not use odd (latest) releases in production.
5. Customer Providing L1 and L2 Support Services.
The parties may agree, in writing, that Yugabyte provide training to Customer’s skilled technical personnel (“Customer Personnel”) so Customer Personnel perform L1 and L2 Support Services for its internal users and customers and escalates, via a warm hand-off, L3 Support to Yugabyte’s Technical Support Engineer. In such case, the parties will define the Levels of Support, respective responsibilities and, if applicable, training fees.
Professional Services Attachment
Yugabyte, Inc. Services Policy
Professional Services include training, validation, integration, database administration or other professional services the parties agree in writing and are available for an additional fee.
Any delays in performing Professional Services may increase cost or duration. If, at any time, Professional Services are suspended for any reason by either Customer or Yugabyte, a minimum of 10 business days’ prior notice is required to resume the Professional Services. Yugabyte will send electronic notification of completion to the Primary Contact.
Last updated: September 24, 2020