MESOSPHERE SUPPORT AND MAINTENANCE TERMS

Definitions

Business Day” means Monday through Friday (Pacific Time), excluding holidays observed by Mesosphere.

Business Hours” means 9:00 a.m. to 5:00 p.m. (Pacific Time) on Business Days.

Customer Project/Application” means a Customer’s project or application that utilizes the Supported Software.

End User” means a resource or client that utilizes or consumes Customer Project/Application that may or may not be a member of Customer’s organization or an entitled user of the Supported Software itself.

Production Environment” means an environment that is specifically established to accommodate the real-time, day-to-day operations and/or activities associated with the execution of one or more systems in a manner that is fully exposed, made available to, and supported for final and intended End Users of the Customer Project/Application (whether internal or external).

Secondary Support” consists solely of commercially reasonable assistance in error isolation and diagnosis.

Support Contact” means a single-named individual that is authorized to contact Mesosphere to make use of the Support Services.

Supported Environment” means environments running Licensed Software subject to this Agreement.

Supported Software” means the Licensed Software and the Mesosphere Open Source Stack.

Incident” means a single question or issue posed by a Customer.

Scope of Support Services

Support Contact(s) may contact Mesosphere technical support by opening a case via https://support.mesosphere.com/ to request information regarding the use, configuration or operation of the Supported Software running on any Supported Environment.

The scope of the Support Services provided to Customer include questions pertaining to:

Operational support for a Supported Environment running the Supported Software, including:
● General operational guidance for the Supported Environment.
● Identifying, diagnosing and fixing errors in Supported Software.
● Preventing and recovering from failures and troubleshooting.

Problem diagnosis and resolution, including:
● Problem isolation and diagnosis of errors in the Supported Software.
● Patches and workarounds to fix bugs in the Supported Software.

Support Contacts

Customer will ensure that its personnel who contact Mesosphere are: (a) knowledgeable about the operation of the Supported Software and the hardware on which the Supported Software is installed; and (b) qualified and trained with respect to the Supported Software. Customer must designate the names and contact information of Support Contact(s) permitted under its subscription level, to serve as liaison(s) with Mesosphere. Customer’s designated Support Contact(s) are the sole liaisons between Customer and Mesosphere for technical support of Supported Software. To avoid interruptions in support services, you must notify Mesosphere whenever technical contact responsibilities are transferred to another individual.

Support Channels

All support requests must be submitted as follows:

● Submitting a request via the web form at https://support.mesosphere.com/

● Sending an email to support@mesosphere.com (All requests submitted via email will default to Severity 4.)

Support Levels

Mesosphere addresses problem resolutions through a number of mechanisms which are described below in this Mesosphere Support and Maintenance Terms (“Severity Levels”) and which are subject to the specific terms and conditions set forth therein regarding hours of operation, response times, methods of support and other matters for the Severity Level. The Support Services will be provided in accordance with the applicable Severity Level that has been selected and paid for by Customer. Mesosphere shall use commercially reasonable efforts to meet the applicable targeted response times set forth below. Customer acknowledges that the time required for resolution of issues may vary depending on the specific circumstances of each problem, including, without limitation, the nature of the incident/problem, the extent and accuracy of information available about the incident/problem, and the level of Customer’s cooperation and responsiveness in providing materials, information, access and support reasonably required by Mesosphere to achieve problem resolution.

Signature Level

  • Times: 24 x 7 x 365
  • Emergency Patches: Yes
  • Annual Incidents: Unlimited Incidents

Nodes Maximum Number of Support Contacts

Unlimited

Severity Target Response

Severity 1: 15 Minutes

Severity 2: 1 Hour

Severities 3 & 4: 2 Hours

 

Premium Level

  • Times: 24 x 7 x 365
  • Emergency Patches: Yes
  • Annual Incidents: Unlimited Incidents

Nodes Maximum Number of Support Contacts

1-100: 4 Authorized Support Contacts

101-500: 8 Authorized Support Contacts

500+: 12 Authorized Support Contacts

Severity Target Response

Severity 1: 1 Hour

Severity 2: 4 Hours

Severity 3: 1 Business Day

Severity 4: Reasonable Efforts

 

Standard Level

  • Times: 9AM–5PM Pacific Time
  • Emergency Patches: No
  • Annual Incidents:

    — Level 1 & 2: 10 Incidents

    — Levels 3 & 4: Unlimited Incidents

Nodes Maximum Number of Support Contacts

All Nodes 2 Authorized Support Contacts

Severity Target Response

Severity 1: 1 Business Day

Severity 2: 2 Business Days

Severities 3 & 4: Reasonable efforts

Severity Level Definitions

Severity 1

A Severity 1 incident means a catastrophic problem that may severely impact a Customer’s ability to conduct business in a Production Environment. This may mean that the Customer’s systems are down or not functioning and no procedural workaround exists. Mesosphere will use continuous efforts during all hours to provide a resolution for any Severity 1 incident as soon as is commercially reasonable. A Severity 1 incident implies present loss of revenue generating functionality.

Severity 2

A Severity 2 incident means a high-impact problem in which the Customer’s Production Environment operation is disrupted, and (i) there is capacity to remain productive and maintain necessary business level operations, or (ii) there is not capacity to remain productive but there is no present loss of revenue generating functionality. Mesosphere will use reasonable efforts during Business Hours to provide a resolution for any Severity 2 incident.

Severity 3

A Severity 3 incident means a medium-to-low impact problem that involves partial loss of non-critical functionality. The problem impairs some operations but allows the Customer to continue to function. This may be a minor issue with limited loss or no loss of functionality or impact to the Customer’s operation. Incidents for which there is limited or no loss of functionality or impact to the customer’s operation and for which there is an easy work-around qualify as Severity 3. Mesosphere will use reasonable efforts during Business Hours to provide a resolution for any Severity 3 error in time for an upcoming release of Supported Software. All inbound web form cases shall have an initial status of Severity 3.

Severity 4

A Severity 4 incident means an incident assigned to general usage questions, recommendations for future product enhancements or modifications. This includes Documentation errors. There is no impact on the performance or functionality of the Supported Software. All inbound email cases shall have an initial status of Severity 4.

Customer Obligations

Customer must provide a functional Customer Project/Application description to clearly define the Customer Project/Application Mesosphere will be supporting. Customer is responsible for ensuring that its personnel that interact with Mesosphere have sufficient language and technical skills, and respond to and cooperate with Mesosphere in a timely manner in connection to requests for Support Services. Using good faith and reasonable judgment, Customer will assign an initial Severity to each incident prior to reporting it to Mesosphere, and Mesosphere will assign a unique tracking number to each incident as it is reported. Using good faith and reasonable judgment, Mesosphere may change the Severity of a report.

As a precondition for requesting Support Services from Mesosphere, Customer agrees to (and to cause each of its developers to) use reasonable efforts to: (i) attempt to solve the problem and to utilize sufficient resources to clearly understand that a problem exists before consulting Mesosphere; (ii) provide Mesosphere with sufficient information and technical data in order for Mesosphere to establish that a potential problem is not the kind of problem that is an exclusion from the Support Services; (iii) make reasonable attempts and expend reasonable resources to provide any data reasonably requested by Mesosphere to adequately address the potential problem; (iv) utilize sufficient resources to understand the instructions from Mesosphere in addressing the problem, and make reasonable attempts to correct the problem as suggested by Mesosphere. In addition, Customer agrees and acknowledges that the extent of access and the accuracy of information and technical data provided may affect Mesosphere’s ability to provide the Support Services.

Support Service Exclusions

Mesosphere will have no obligation to provide Support Services to Customer in the event that (a) following delivery by Mesosphere, the Supported Software has been changed, modified or damaged by Customer or anyone other than Mesosphere; (b) the problem is caused by Customer’s negligence, misconduct, or misuse of the Supported Software, a hardware malfunction, or other causes beyond the reasonable control of Mesosphere; (c) the problem is due to third party software that is not Supported Software; (d) Customer has not installed or implemented any Supported Software releases made generally available or is running a Version of the Supported Software that is no longer supported (per the terms below); or (e) Customer’s use of the Supported Software is not in compliance with the Agreement (including without limitation any Node or Customer Project/Application restrictions). The Support Services do not cover the support of any third party software which integrates with the Supported Software. In addition, the Support Services do not include the following: (i) use of any version of any Supported Software that is not designated as a production release (such as a milestone or release candidate or code contained in the sandbox or any other repository that is not packaged into a production release distribution); (ii) Customer’s failure to comply with operating instructions contained in the documentation (including, without limitation, any failure by Customer to use up-to-date versions of any third party components or other dependencies as specified by Mesosphere in writing); (iii) installation, configuration, management and operation of Customer’s applications; (iv) APIs, interfaces or data formats other than those included with the Supported Software; (v) custom development services; or (vi) any training.

Version Support

Mesosphere will provide Support Services for past versions of the Supported Software as follows: https://docs.mesosphere.com/version-policy/

THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A PRODUCT WARRANTY. THESE TERMS ARE AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT.