Terms and conditions for Enterprise support services
Effective date: June 1, 2021
1. Definitions
a. “Business Day” means Monday through Friday in WhyLabs’ local time zone, PST.
b. “Business Hours” means 9:00 a.m. to 5:00 p.m. on Business Days.
c. “Customer Representative” means the individual employee of Customer that submits an Issue via email or the Support Portal.
d. “Issue” means a failure of the Supported Software to conform to the specifications set forth in the Documentation, resulting in the inability to use, or material restriction in the use of the Supported Software.
e. “Release” means stable and secure Software made generally available by WhyLabs to its end user customers.
f. “Software” means the WhyLabs AI Control Platform and its underlying components as defined in the Agreement.
g. “Update” means either a software modification or addition that, when made or added to the Supported Software, corrects the Issue, or a procedure or routine that, when observed in the regular operation of the Supported Software, eliminates the practical adverse effect of the Issue on Customer.
2. Support Services
a. Customer Support Portal: WhyLabs shall provide the Support Services through its online Customer Support Portal (“Support Portal”) which will be designed to enable submission of support requests at the times applicable to the Subscription Tier purchased by Customer. Support Services will be provided in English. The Support Portal will provide email and web form support. Customer shall report all issues to WhyLabs via the Support Portal initially. All telephone support discussions, if necessary, will be scheduled in advance at a time mutually agreed by the parties and for durations and at a frequency that is commercially reasonable for WhyLabs. Telephone discussions will only be scheduled for Issues previously documented within the Support Portal.
b. Hours of Operation: Customer may submit support requests twenty-four (24) hours a day, seven (7) days per week.
c. Issue Prioritization & Initial Response Time SLAs: When a Customer Representative reports an Issue WhyLabs technical support via the Support Portal, WhyLabs shall reasonably determine the priority level of the Issue pursuant to the following definitions and take the following actions:
Issue Priority Definitions and Initial Response Times
| Priority Level | Issue Priority Definition | Response time |
|---|---|---|
| Urgent: Sev-1 | A Sev-1 Issue means the (a) production system is severely impacted or completely shut down, or (b) production system operations or mission-critical applications are down. | 1 hour |
| High: Sev-2 | A Sev-2 Issue means (a) the production system is functioning with limited capabilities, (b) the production system is unstable with periodic interruptions, (c) there is an error in an application in development that is in final testing, facing a critical time frame of going into production use or (d) due to an Issue development efforts cannot proceed, for an application in development. | 4 hours |
| Normal: Sev-3 | A Sev-3 Issue means there (a) are errors with workaround solutions in fully operational production systems, (b) there are errors in non-critical functions, (c) there is a time-sensitive concern affecting performance or deliverables, or (iv) a major subsystem under development cannot proceed due to an Issue. | 1 business day |
| Low: Sev-4 | A Sev-4 Issue means there (a) is a need to clarify procedures or information in documentation, (b) there is a request for a product enhancement or new feature, (c) cosmetic or non-functional issues; or (d) Issues in Documentation. | 2 business days |
d. Updates and Maintenance Releases:
(i) WhyLabs shall use commercially reasonable efforts in accordance with the table in Section 2(g) below to provide an Update designed to solve or bypass a reported Issue. If such Issue has been corrected in a Release, Customer must install and implement the applicable Release; otherwise, the Update may be provided in the form of a temporary fix, procedure, or routine, to be used until a Release containing the Update is available.
e. Response Definition: A “Response” is an initial reply to the reported Issue. A Response may be in the form of an automated acknowledgement of receipt and may not constitute a resolution. The Response times set forth herein shall be measured by the elapsed time between the receipt by WhyLabs via the Support Portal of a reported Issue and the time when WhyLabs begins to address such Issue, including by providing a verbal or written confirmation to Customer thereof. The actual time required to fully resolve the Issue, if such full resolution occurs, may be longer than the Response time set forth herein. Customer understands and agrees that resolution of an Issue is not guaranteed and may not occur.
Submitting a Support Request
f. Customer shall submit a Support Request in WhyLabs Support Center at https://support.whylabs.ai using the Support Request Form available at https://support.whylabs.ai/hc/en-us/requests/new. Customer shall use best efforts to include the following information:
(i) screenshots and/or logs related to the issue/feature request
(ii) details about browser version, version of whylogs deployed, geographical location (if applicable), business impact
Note: The WhyLabs Slack channels are not integrated with the Support Portal and should not be used for submitting initial support requests.
g. WhyLabs Actions and Customer Responsibilities: After Customer informs WhyLabs of a new Issue, WhyLabs will take the following actions provided Customer has satisfied the following corresponding responsibilities:
WhyLabs Actions and Customer Responsibilities
| Priority Level | WhyLabs' Actions | Customer Responsibilities |
|---|---|---|
| Urgent: Sev-1 | WhyLabs will: (a) assign specialists to correct the Issue; (b) provide ongoing communication on the status of an Update or Issue resolution; and (c) simultaneously begin work to provide a temporary workaround or fix. | All responsibilities in Section 2(h) below |
| High: Sev-2 | WhyLabs will: (a) assign specialists to correct the Issue; (b) provide ongoing communication on the status of an Update or Issue resolution; and (c) simultaneously begin work to provide a temporary workaround or fix. | All responsibilities in Section 2(h) below |
| Normal: Sev-3 | WhyLabs will use resources available during local Business Hours until the Issue is resolved, or a workaround is in place. For Issues in Third Party Software, WhyLabs will use reasonable efforts to liaise with the applicable project steward. | All responsibilities in Section 2(h) below |
| Low: Sev-4 | WhyLabs will triage the request, provide clarification where possible, and may include a resolution in a future LTS or STS Release | Customer will be expected to provide information on use case and requirements for feature requests. |
h. Customer Responsibilities: WhyLabs’ obligation to provide Support Services is conditioned upon Customer satisfying the following responsibilities:
(i) Customer has made reasonable efforts to resolve the Issue before reporting the Issue to Imply, including having the Issue reviewed by the Customer Representative;
(ii) Customer has provided WhyLabs with sufficient information, including any reproducible test cases requested by WhyLabs;
(iii) Customer has installed the most recent available Releases, including of the whylogs data logging library;
(iv) Customer has procured, installed and properly maintained all equipment, communication interfaces and other hardware necessary to operate the Supported Software;
(v) Customer has designated personnel resources to provide necessary diagnostic information until an Update is made available;
(vi) Customer agrees to receive communications via email, Slack, and other formats, regarding the support services (such as communications concerning support coverage, Issues or other technical issues and the availability of new releases of the Software and training options).
j. Exclusions: WhyLabs is not obligated to provide Support Services to Customer if:
(i) the Supported Software has been changed or modified (except if under the direct supervision of WhyLabs) or damaged; the Issue is caused by Customer’s negligence, hardware malfunction, the configuration of the platform or datacenter, network latency or causes beyond the reasonable control of WhyLabs;
(ii) the Issue is caused by any software not licensed or delivered through WhyLabs;
(iii) Customer has not installed and implemented all available Release(s) for the Supported Software;
3. Service Terms
These Support Service terms and conditions will automatically update to WhyLabs’ then-current terms and conditions set forth at https:/whylabs.ai/subscription-support-maintenance-terms upon renewal of the Software.