Terms & Conditions

You.i Client Support — App Assurance & Support

Building on our included Product Maintenance services, App Assurance provides ongoing maintenance and problem resolution services to keep your You.i TV developed App delivering an amazing experience in-market.

The key features of the program include:

  • Analysis, diagnosis and resolution of technical issues identified in your custom You.i TV developed App and the various underlying You.i technologies
  • Maintenance updates to ensure that your App continues to perform on updated platform Operating Systems
  • Triage of backend/integration related issues to accelerate your internal resolution process

Service Detail:

In addition to the services offered under Product Maintenance, App Assurance & Support also provides:

Research & resolution of issues in You.i TV Software: You.i TV’s Client Support team will use commercially reasonable efforts to research problems you discover in You.i Engine, You.i Engine One and You.i Engine SDK and provide a Workaround or code fix to resolve the problem.

Research & resolve App problems: You.i TV’s Client Support team will use commercially reasonable efforts to research problems you discover in your You.i TV-built and maintained App and provide a Workaround or code fix to resolve the problem. Please note this does not apply to Apps you develop yourself or in situations where you have made changes to the source code of your You.i TV-built App.

Backend/Integration problem triage: The majority of problems which we see in TV Apps relate to the complex integrated environment in which these Apps function. You.i TV Client Support will work with you to help identify which problems in your App are related to backend issues to help you localize the problem to support your internal resolution process.

OS-required updates: As manufacturers update the various OS platforms upon which your App runs, You.i Client Support will update your App to ensure it continues to function substantially in line with specification.

Product Lifecycle

You.i TV provides maintenance for You.i Engine, You.i Engine One and You.i Engine SDK for a period of 12 months following commercial availability of the next Major Release, for example when version 5.0 of You.i Engine is made commercially available, all 4.x Releases will continue to be supported for a period of 12 months.

App Assurance & Support Terms and Conditions

Unless otherwise agreed to in writing between You.i Labs Inc. (“Youi”) and the Customer, these App Assurance & Support Terms and Conditions shall apply to the provision of support by Youi for supported versions of the Software.

1. DEFINITIONS

1.1 In these App Assurance & Support Terms the following terms shall have the following definitions:

“After Hours Support” means the services described in paragraph 2.3 hereof.

“Business Day” means a regular business day, Monday through Friday, 9:00 a.m. to 5:00 p.m.(EST/EDT), which exclude weekends, and Canadian statutory holidays.

“Customer Support Request” or “CSR” means the report described and defined in paragraph 5 hereof.

“Designated Customer Support Contact” means up to two (2) employees of Customer who have been identified in writing by Customer as being authorized to issue a Customer Support Request to Youi or to otherwise contact Youi for Support.

“Maintenance” means the services described in paragraph 2.4 hereof.

“Maintenance Release” means a release or version of the Software that contains Problem corrections, software patches, and/or bug fixes for the Software that have been developed by or for Youi and made generally commercially available by Youi to its customers and which is designated by a change in the digit(s) of the release number to the right of the second decimal point (for example, X.Y.1 to X.Y.2).

“Major Release” means a release or version that adds significant new functionality to the Software and which is designated by Youi by a change in the digit(s) to the left of the decimal point of the release number.

“Minor Release” means a release or version of the Software containing new features and which is designated by Youi by a change in the digit(s) to the right of the decimal point of the release number (for example, X.1 to X.2).

“Problem” means an error, mistake, failure, or fault in the Software or related Documentation that prevents it from performing in accordance with the Specifications.

“Release” means a Maintenance Release, Minor Release or Major Release.

“Software” means the supported version or versions of the You.i Engine, You.i Engine SDK, You.i Engine One, You.i Engine One Tools, You.i Custom SDK and You.i application developed for Customer under a separate Statement of Work.

“Specifications” means the specifications set forth in the user documentation for the Software.

“Support” means the services described in paragraph 2.2 hereof.

“Workaround” means a solution to a Problem that is delivered as instructions on how to avoid the Problem and achieve equivalent functionality.

1.2 Unless the context otherwise specifies or requires, capitalized terms used herein and not defined herein shall have the meanings given to such terms in the license agreement for the Software.

2. APP ASSURANCE & SUPPORT SERVICES

2.1 Eligibility. The Customer is eligible to use Support if the Customer is using Software versions that are currently supported by Youi as defined in paragraph 2.2 and if the Customer is:

(a) Operating under a valid and current subscription license; or

(b) A certified Youi Business Partner requiring assistance on a customer-related, installation and usage issue.

2.2 Support. Youi shall provide telephone, on-line and electronic mail support to Designated Customer Support Contacts on technical issues relating to the Software on Business Days. Youi will provide Workarounds, Maintenance Releases, Minor Releases or Major Releases for reported Problems in accordance with paragraph 4 hereof. Youi will provide Support for the most recent Major Release and all subsequent Minor Releases of the Software and will support the preceding Major Release and all subsequent Minor Releases of the Software for not more than 12 months after the most recent Major Release of the Software becomes commercially available. If the Customer reports a Problem that has been resolved by a Minor Release or Major Release, the Customer will be required to upgrade to such Release.

2.3 After Hours Support. If Customer contacts Youi Support outside of our normal business hours of 9:00 a.m. to 5:00 p.m. (EST/EDT) you may leave a detailed message in voicemail or e-mail and your request will be promptly addressed the following Business Day.

2.4 Maintenance. From time to time, Youi shall make available to Customer the following (hereinafter referred to as “Maintenance”):

(a) any documentation relating to relevant, known bugs or errors in the Software;

(b) any available Workarounds; and/orMaintenance Releases, Minor

(c) Maintenance Releases, Minor Releases and Major Releases.

Use of Maintenance shall be governed by the terms and conditions of the license agreement for the Software.

Maintenance services include services to apply operating system updates to ensure continued functionality of such App.

3. SEVERITY LEVELS FOR REPORTED PROBLEMS

3.1 Severity Levels. When the Customer reports a Problem Youi will follow the procedure outlined in paragraph 5 hereof and Youi will assign a severity to the Problem according to the following definitions:

(a) Severity 1: A Severity 1 Problem (Critical) is any detected condition that renders a part of the Software that is essential to the ongoing use of the Software in a production environment totally inoperative or unusable, has affected or could affect the entire user community, and is due to substantial non-conformance of the Software to the Specifications. For a Problem to qualify as a Severity 1 Problem, Customer must make available to Youi a dedicated resource to work with Youi on the resolution of the Problem for the duration of the CSR.

(b) Severity 2: A Severity 2 Problem (Major) is any detected condition that renders a part of the Software in a production environment, partially inoperative or unusable, has affected the majority of the user community, and is due to substantial non-conformance of the Software to the Specifications.

(c) Severity 3: A Severity 3 Problem (Minor) is any operational deficiency or detected condition that presents a small loss or degradation of Software functionality required by Customer and is due to non-conformance of the Software to the Specifications. Severity 1 and Severity 2 Problems occurring in a non-production environment will also be classified as a Severity 3 Problem.

(d) Severity 4: A Severity 4 Problem (Minimal) is a deficiency that results in a minimal or no loss or degradation of Software functionality.

(e) Feature Request: A Feature Request is a request by Customer for additional functionality or a new feature for the Software.

(f) Question: A Question is a request for information which is not necessarily related to an operational or performance Problem.

3.2 Determination of Severity Level. In the event of any dispute between the Customer and Youi as to the severity level of a Problem reported to Youi by the Customer, Youi and the Customer shall escalate the dispute to the next level of management for resolution of the dispute, provided that if Youi and the Customer cannot agree upon the severity level of a reported Problem the final determination of the severity level shall be made by You.i, in its sole discretion.

4. RESPONSE PROCEDURES AND TIMES

4.1 Response Types. Youi shall respond to Customer Support Requests in three stages:

(a) Acknowledgment: Written or verbal acknowledgment of a Customer Support Request and assignment of Ticket Number.

(b) Verification: Written acknowledgment that Youi is able to reproduce the Problem with the information or sample case provided by the Customer, immediately upon reproducing the Problem.

(c) Resolution Available: Provision of a solution as either a Workaround, Maintenance Release, Minor Release or Major Release, or, in the event that the Problem could not be resolved, the Customer Support Request will be closed.

4.2 Response and Resolution Times. Youi shall use commercially reasonable efforts to meet the following response times:

Security LevelAcknowledgementVerificationResolution Available
Critical2 hoursImmediately upon Youi reproducing the ProblemWorkaround, Maintenance Release, Minor Release or Major Release is made available to the Customer for testing within 5 Business Days of Verification.
Major4 hoursImmediately upon Youi reproducing the ProblemWorkaround, Maintenance Release, Minor Release or Major Release within 10 Business Days of Verification.
Minor1 Business DayImmediately upon Youi reproducing the ProblemDetermined by Youi.
Request Minimal1 Business DayImmediately upon Youi reproducing the ProblemDetermined by Youi.
Feature Request1 Business DayNot applicable.Determined by Youi.
Question1 Business DayNot applicable.Determined by Youi.

Note: Acknowledgment responses are based on Customer Support Requests submitted during a Business Day.

5. PROBLEM REPORTING

5.1 Customer Support Requests. For each request by Customer for Support, Customer shall provide Youi with a written or verbal report (a “Customer Support Request” or “CSR”) including, where possible: a clear, detailed description of the problem, question or suggestion;

(a) a clear, detailed description of the problem, question or suggestion;

(b) identification of the Software Release affected;

(c) identification of the operating environment in which the Problem exists, including the operating system, Platform, hardware, build tools, etc.

(d) a description of how to repeat the condition that brought about the Problem and the observed system behavior;

(e) a complete and compilable sample of not more than 500 lines of code that demonstrates the reported Problem; and

(f) additional relevant content, such as screenshots.

A Customer Support Request shall be mailed electronically, entered via web Customer Support Request system or communicated verbally. Youi shall use reasonable commercial efforts to acknowledge the receipt of CSRs and issue a Ticket in a timely manner after receipt in accordance with the priority level of the reported Problem. Youi shall identify each outstanding issue relating to CSRs or technical issues with a unique “Ticket Number” for tracking purposes. Upon request, Youi shall provide Customer with a status on any Problem logged for Customer, provided that Customer identifies the particular Problem by the Ticket Number assigned to it by You.i.

5.2 Resolution of a CSR. A Customer Service Request will not be closed until (a) the Customer has notified Youi Customer Support that the Customer is satisfied with the resolution of the reported Problem or, (b) 30 days has passed since receiving resolution notification, whichever occurs first. If the Problem recurs, the CSR will be re-opened and Youi will continue to research the issue.

5.3 Closing a CSR. If Youi has requested further information and the information has not been received within a certain period of time, Youi may decide to close the CSR. Time limit guidelines for further information requests:

(a) the ticket is a Severity 1 and Customer does not update the ticket with the required information within 1 Business Days, Youi may suspend the ticket and extend the resolution target time until update is received from the Customer. If Customer does not update the ticket with the required information within 5 Business Days, Youi may close the ticket. There will be a warning when 1 Business Days approaches and on the 5th Business Day. After 5 Business Days the CSR may be closed.

(b) the ticket is a Severity 2 and Customer does not update the ticket with the required information within 2 Business Days, Youi may suspend the ticket and extend the resolution target time until update is received from the Customer. If Customer does not update the ticket with the required information within 10 Business Days, Youi may close the ticket.. There will be a warning when 2 Business Days approaches and on the 10th Business Day. After 10 Business Days the CSR may be closed.

(c) the ticket is a Severity 3 and Customer does not update the ticket with the required information within 20 Business Days, Youi may close the ticket. There will be a warning when 20 Business Days approaches and on the 20th Business Day. After 20 Business Days the CSR may be closed.

6. SUPPORT NOT INCLUDED

Support does not include (a) custom programming services; (b) training; (c) hardware and related supplies; (d) any support services provided at the Customer’s site; or (e) any support for third party tools, operating systems and products.

7. WARRANTY DISCLAIMER

Youi makes no warranties that the Support and Maintenance provided will be successful in resolving all Problems or in diagnosing Problems reported by Customer. Support is provided to Customer on an “as is” basis. To the maximum extent permitted by applicable law, Youi disclaims all warranties and conditions, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose for the Support and Maintenance provided by Youi to Customer.

8. LIMITATION OF LIABILITY

Youi’s entire liability to Customer and Customer’s exclusive remedy shall be resupply of the Support by Youi. Youi shall not, under any circumstances, be liable for special damages, punitive or exemplary damages, damages for loss of profits or interruption of business or for loss or corruption of data.

9. INTELLECTUAL PROPERTY RIGHTS

Youi shall own all proprietary rights, including patent, copyright, trade secret and other proprietary rights, in and to the Software, and any corrections, bug fixes, software patches, enhancements, Minor Releases, Major Releases or other modifications to the Software, including custom modifications, and any intellectual or other property rights therein shall be the exclusive property of You.i. Any Minor Releases or Major Releases provided to the Customer by Youi shall be subject to and governed by the license agreement for the Software.