Secret Double Octopus Ltd. and/or Secret Double Octopus Inc. and/or any of its affiliates (collectively "Company") shall provide Customer (as defined below) with Maintenance and Support Services (as defined herein) in accordance with this Maintenance and Support Policy.
1. Definitions
1.1 Terms in this Maintenance and Support Policy which are capitalized shall have the meanings set forth herein or, if not defined herein, shall have the meanings set forth in the Company's General Terms and Conditions available at https://doubleoctopus.com/terms-of-use/ or the Subscription Agreement entered into by the Customer and the Company.
1.2 Customer means entities to which Company has sold or licensed the Software, directly or through a reseller, which is not an MSP Partner, and such entities' users use and/or access the Software pursuant to a Subscription Agreement.
1.3 Downtime means, with respect to the Mobile Server, more than a ten percent (10%) user error rate across all of a Customer's users. Downtime is measured based on server-side error rate.
1.4 Initial Action Plan is a verbal or written description of the tasks to be taken by both Company and Customer to diagnose, triage, and address a support issue, along with an approximate timeframe for the processing and performing of each task.
1.5 Maintenance and Support Hours
Monday through Friday, during business hours:
| Region | Hours |
|---|---|
| North America | 8 a.m. – 8 p.m. USA EST |
| Europe, Middle East, Africa (EMEA) | 9 a.m. – 6 p.m. Europe CET |
| Asia Pacific | 1 p.m. – 10 p.m. SGT SST (Singapore Standard Time) |
| India | 11 a.m. – 8 p.m. IST (India Standard Time) |
1.6 Maintenance and Support Services
The Maintenance and Support Services consist of:
- (a) Phone Support (Hotline) 24/7 for S1 (Critical) calls only: US: +1-985-464-2515
- (b) reasonable e-mail, website or telephone support
- (c) reasonable efforts to remotely correct Malfunctions to keep the Software performing substantially in conformance with the applicable documentation
- (d) provision of releases, modifications and bug fixes made to the Software which are provided from time to time to all or most of Company's customers at no additional charge
Note: All Maintenance and Support Services will be delivered in English.
2. Release Definitions
1.7 Maintenance Release means a generally available release of the Software that provides fixes or a work around. Designated by a change in the most right digit (e.g., 4.2.0 → 4.2.1).
1.8 Major Release means a generally available release of the Software that contains significant updates. Designated by a change in the digit to the left of the first decimal point (e.g., 3.1.2 → 4.0.0).
1.10 Minor Release means a generally available release of the Software. Designated by a change in the second digit after the decimal point (e.g., 4.0.0 → 4.2.0).
3. Service Levels and Response Times
3.6 Service Level Agreement
| Severity | Description | Initial Response | Status Updates |
|---|---|---|---|
| S-1 Critical | Complete outage - Software totally inoperative, all users cannot access SDO protected applications | Immediate response through Hotline and up to 2 hours through ticket | Workaround or fix provided |
| S-2 High | Significant impact - Major functionality impaired, business operations affected | Up to 4 hours through ticket | Workaround or fix provided |
| S-3 Medium | Minor impact - Feature doesn't work properly but users can progress with tasks | Up to 3 hours through ticket | Workaround or fix provided |
4. Support Tier Levels
| Support Level | Description | Services Included |
|---|---|---|
| L-1 Basic Support (part of SDO subscription) | Basic support and maintenance | • Phone Support 24/7 for Critical calls • Email, website, telephone support • Remote correction of malfunctions • Software releases and bug fixes |
| L-2 Premium Support | In-depth technical support | • Installation and software setup • Issue diagnosis and solutions • Available with additional premium fee |
| L-3 R&D Technical Support | Expert product and service support | • Escalation from L-2 • Root cause analysis • New fix creation |
5. SLA Commitments
Mobile Server SLA
The Octopus mobile server will be operational and available to Customer at least 99.9% of the time in any calendar year.
Scheduled Downtime:
- Minimum 10 days advance notice
- Maximum 1 hour duration
- Scheduled during maintenance windows
- Outside regular business hours
6. Customer Responsibilities
6.1 Before Contacting Support
Customer undertakes to:
- Analyze the suspected malfunction to determine if it results from misuse
- Ascertain that the malfunction cannot be corrected by the Customer
- Collect and provide all relevant information relating to the malfunction
6.2 Additional Customer Responsibilities
- Receive communications from Company via email, telephone, and other formats
- Provide cooperation, assistance, documents, and information reasonably requested
- Properly train personnel in the use of the Software
- Promptly report problems and implement corrective procedures
- Protect and back up data and information
- Have dedicated resources available 24x7 for Critical (Severity 1) malfunctions
7. Support Term and Fees
For subscription licenses: The Maintenance and Support Term will continue during the subscription license period as agreed between the Company and the Customer.
End of Life: The Maintenance and Support Term will continue until the end of a six (6) month period following the product's "end of life", and thereafter, the Company will not be obliged to provide Maintenance and Support Services.
Fee Changes: Company may change the Maintenance and Support Services offered and fees at any time, with at least 30 days notice.
8. Exclusions
Company shall have no obligation to provide Maintenance and Support Services for malfunctions caused by:
- Products, components, features, applications, systems, or platforms other than the Software
- Misuse, neglect, accident, or improper installation/maintenance
- Events beyond Company's control
- Unusual external physical factors such as weather conditions, power failure, etc.
9. Warranties and Limitations
9.1 Company will use commercially reasonable efforts to repair any malfunction in the supported version of the Software, subject to the exclusions and terms of this policy.
9.3 Company's liability shall not exceed the amount of Maintenance and Support Fees actually paid by Customer in the one year period prior to the event giving rise to such liability.
10. General Terms
10.2 Governing Law:
- For customers in North America or Canada: Laws of the State of New York
- For all other customers: Laws of the State of Israel
10.5 The Customer may not assign rights, duties, or obligations under this policy without prior written consent of Company.
This document contains the complete Maintenance and Support Policy from Secret Double Octopus.
For the most current version, please visit: https://doubleoctopus.com/support/