Support Policy

This Annex B – Support Policy, governs the provision of Support Services for the Binalyze Software offered under the applicable Quote and the underlying General Terms and further Services Terms (hereinafter “Agreement”). All capitalized terms used but not otherwise defined herein have the meanings given to them in the Agreement.

 

1. Definitions

• “Support Services” means the support services contracted by Customer from Company in accordance with the Agreement and the applicable Quote. 

• “Designated Contact(s)” means the individual(s) within Customer’s organization assigned in accordance with Section 2.2 of this Annex B. 

• “Incident(s)” means those issues relating to the Software that are covered under this Support Policy, as specifically set forth herein below.

• “Response Time(s)” means the amount of time within which Company’s support team commits to respond to Service Requests (as set forth in Section 2.7 of this Annex B).

• “Service Request” means a Customer request as set forth in Section 2.4 of this Annex B for assistance from Company with respect to an Incident.

• “Support Hours” means the applicable Support Hours. This is Mon-Fri 9:00am - 6:00pm CET/EST, excluding public holidays.

 

2. Contracted Support Coverage

•  2.1 Duration

Company shall provide Support Services for the Subscription Period specified in the respective Quote. 

•  2.2 Appointment of Designated Contacts

To receive Support Services, Customer shall (i) appoint at least one Designated Contact (ii) ensure that all Designated Contacts are sufficiently trained on the Binalyze Software and (iii) notify Company in written form (email sufficient) of the names and contact details of the Designated Contacts.

•  2.3 Scope of Support Service

The Support Services cover Binalyze Software as follows:

• (a) Access to and use of the Support Portal, including a self-service knowledge base and the ability to submit Service Requests for Designated Contacts;

• (b) The processing of Service Requests during Support Hours;

• (c) Unlimited number of Incidents; and

• (d) Response Times for Incidents as defined in the Response Times table below.

• 2.4 Submission of Service Requests

1. (a) Customer shall submit all Service Requests via email to support@binalyze.com. 

2. (b) Customer shall ensure that the the Incident is covered by Support Services under this Annex B.

3. (c) Customer shall use reasonable efforts to fix any error, bug, malfunction or network connectivity defect before submitting a Service Request to Company. 

4. (d) Customer shall suggest a Priority level according to Section “Priority Definitions” upon submission of Service Requests. Company reserves the right to check and in its sole discretion change Customer’s Priority suggestion if Company believes that Customer’s suggestion is incorrect and will inform Customer of any such change in its response to the Service Request. Customer may appeal any such reclassification to Company’s support management for review through any available support channel. To successfully challenge a classification by Company, Customer needs to provide proof in accordance with the Priority level definition that Company’s Priority designation was incorrect. 

5. (e) Customer shall provide all requested diagnostic and technical information and assist Company as may be reasonably required to resolve a Service Request.

6. (f) Company may respond to a Service Request by acknowledging receipt of the request. Customer acknowledges and understands that Company may be unable to provide answers to or resolve all Service Requests. 

7. (g) Company does not demand or require Personal Data for resolving Service Requests, other than the email address of the individual who submitted the Service Request for communication purposes. When uploading evidence or information related to an issue in the form of e.g., log files or screenshots/screen captures. Customer shall ensure that (1) all Personal Data has been anonymized or masked before being uploaded into the support ticket; or (2) if masking or anonymizing the Personal Data is technically impossible, the respective Individual has consented to the processing of the related Personal Data or Customer has another legal basis according to Applicable Data Protection Law.

8. (h) At the commencement of the Term, Customer shall allow Company to set up secure SSH access to Customer's servers for administration purposes. This remote access shall be maintained at all times during the Term and shall be removed by Company upon termination of the Agreement.

9. (i) Customer shall make the necessary adjustments to the configuration of its fire-wall(s) so that SSH access from outside is guaranteed to Company permanently and without time limit. Company shall secure SSH access with an SSH key. Customer can restrict SSH access via the IPv4 address specified by Company and fixed by the firewall(s).

•  2.5. Priority Definitions

• (a) “Priority 1 – High Severity” means an Incident preventing Customer from continuing use of the Binalyze Software, or critically impacting a core function of the Binalyze Software or Customer’s environment causing the Binalyze Software to experience downtime. No workaround is known to Customer. 

• (b) “Priority 2 – Medium Severity” means an Incident preventing Customer from continuing use of a non-core function of the Binalyze Software, but does not affect the performance or functionality of Customer’s environment in its entirety. The Incident impacts Customer’s ability to use the Binalyze Software, the severity of which is significant and may be repetitive in nature. Priority 2 is the highest possible level for all non-production systems. 

• (c) “Priority 3 – Low Severity” means minor errors, which do not inhibit any of the core functionality of the Binalyze Software. Error negligibly impacts Customer’s ability to use the Binalyze Software, and the Binalyze Software remains mainly functional. This Priority level may include any Binalyze Software issue with a viable workaround. 

• (d) “Priority 4 – Request for Information” includes minor, cosmetic, or documentation-related issues, and enhancement requests that are not time-sensitive. There is no impact on the Binalyze Software existing features, functionality, performance or stability. This Priority Level includes any development support related incidents.

• 2.6 Response Times 

• (a) Company shall use commercially reasonable efforts to answer to Customer’s Service Requests as set forth below.  The Priority Level shall be indicated by Customer with each Service Request. Company may reclassify the Priority Level at its sole discretion. Response Times during Support Hours are defined as follows:

Priority Level	Response Time
Applicable Support Hours	Basic Support Hours
Priority 1 Response Time* (within Support Hours)	1 business day
Priority 2 Response Time* (within Support Hours)	2 business days
Priority 3 Response Time* (within Support Hours)	3 business days
Priority 4 Response Time* (within Support Hours)	5 business days

 

 

 

 

 

*Response Times begin when Customer has submitted a Service Request in accordance with Section “Submission of Service Requests”.

• (b) It is at the sole discretion of Company which means it uses to remedy a fault. If Company determines that it cannot successfully remedy the Defect within the Response Period, it will notify Customer in writing of the additional time required to remedy the Defect.

• (c) In the event of a malfunction, Company may, at its sole discretion, provide a workaround until the malfunction is completely resolved.´

• (d) By default, server-side support incidents are handled using remote maintenance via SSH.

• 2.7 Support Services Exclusions.

The following cases are not covered by the Support Services:

• (a) Support Requests in a period in which Customer has not fully paid all fees due to Company;

• (b) Maintenance and support of the system environment, including, but not limited to, mobile hardware and third-party applications used by Customer in connection with the Binalyze Software;

• (c) Training and setup of Binalyze Software;

• (d) Identification of errors caused by force majeure, environmental conditions, defective mobile hardware or errors caused by Customer, its affiliates or third parties, in particular due to incorrect or incomplete system or data entries or interventions in the program code by employees or contractors of Customer and/or its Affiliates;

• (e) IT architectural guidance and consulting on how to integrate Binalyze Software into Customer’s specific use case; and

• 2.8 Updates of Binalyze Software and Supported Version

• (a) As part of the provision of Support Services, Company shall, at its discretion, provide Customer with Updates of the Binalyze Software. Customer is obliged to use the latest version of the Binalyze Software in order to be eligible for Support Services. 

• (b) Customer shall have no claims with respect to the remedy of Incidents according to this Annex B that have already been corrected through an Update by a current version of the Contractual Software not yet used by Customer.