You.i Client Support — 24 x 7 Critical Incident Program:
Available as an upgrade to App Assurance & Support, the 24 x 7 Critical Incident Program provides extended hours of Support coverage for Critical issues and accelerated response service levels.
The key features of the program include:
24 x 7 Critical Incident Program Terms and Conditions
Unless otherwise agreed to in writing between You.i Labs Inc. (“Youi”) and the Customer, these 24 x 7 Critical Incident Program Terms and Conditions shall apply to the provision of support by Youi for supported Releases of the Software and are incorporated into the App Assurance & Support Terms and Conditions, as appropriate.
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 or the App Assurance & Support Terms and Conditions
2. 24 x 7 CRITICAL INCIDENT PROGRAM SERVICES
2.1 Eligibility. The Customer is eligible to use the 24 x 7 Critical Incident Program 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 and is a member of the App Assurance & Support Programs; and
(b) Has purchased a subscription to the 24 x 7 Critical Incident Program
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 needs to contact Youi Support to report a Critical or Major Problem outside of our normal business hours of 9:00 a.m. to 5:00 p.m. (EST/EDT), Monday through Friday, excluding Canadian statutory holidays, the following phone number and email address should both be utilized: (613) 228 9107 (ext. 150) and email@example.com (After Hours Support). Any Problems which are reported via After Hours Support which constitute Severity 1 or Severity 2 (Critical or Major) Problems will be addressed immediately pursuant to the procedures set forth herein. These contact details may be updated from time to time.
3. SEVERITY LEVELS FOR REPORTED PROBLEMS
3.1 Severity Levels. When 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 totally inoperative or unusable, is in production, 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 that is essential to the ongoing use of the Software partially inoperative or unusable, is in production, has affected or could affect 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 four stages:
(a) Acknowledgment: Written or verbal acknowledgement of a Customer Support Request and assignment of Ticket Number.
(b) Verification: Written acknowledgement that Youi is able to reproduce the Problem with the information or sample case provided by the Customer, immediately upon reproducing the Problem.
(c) Updates: Written or verbal updates on progress with the resolution of the reported Problem
(d) 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:
|Severity 1 (Critical)||1 hour||Immediately upon Youi reproducing the Problem||2 hours|
|Severity 2 (Major)||2 hours||Immediately upon Youi reproducing the Problem||4 hours|
|Severity 3 (Minor)||1 business day||Immediately upon Youi reproducing the Problem||Mutually Agreed|
|Severity 4 (Minimal)||1 business day||Immediately upon Youi reproducing the Problem||Mutually Agreed|
|Feature Request||1 business day||N/A||Mutually Agreed|
|Questions||1 business day||N/A||Mutually Agreed|
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) 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 2 hours, Youi may suspend the ticket 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.
(b) the ticket is a Severity 2 and Customer does not update the ticket with the required information within 4 hours, Youi may suspend the ticket 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.
(c) the ticket is a Severity 3 or Severity 4 and Customer does not update the ticket with the required information within 5 business days, Youi may close the ticket.
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; (e) any support for third party tools, operating systems and products; or (f) support or maintenance for an App.
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.