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:
5. Yugabyte’s Limited Services Warranty, Disclaimer and Exclusions.
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.
Yugabyte, Inc. Services Policy
1. Requesting Support Services. Support Services are requested by submitting a support case by:
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.
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.
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.
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.
4. Release Support.
`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 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