PLEASE NOTE THESE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME BY THORN IN ITS SOLE DISCRETION. ANY SUCH REVISIONS WILL BE POSTED ON SFTP GATEWAY SUPPORT PACKAGES - THORN TECHNOLOGIES. PLEASE CHECK SUCH WEB PAGE FROM TIME TO TIME TO DETERMINE IF THESE TERMS AND CONDITIONS HAVE BEEN UPDATED. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT SUBSCRIBE TO LICENSE ANY OF THORN'S HOSTED OFFERINGS.
During the term of the EULA ("Term"), Thorn Technologies, LLC, a Maryland limited liability company ("Thorn") will provide to the person or entity ("Licensee") subscribing for Thorn's applicable software as a service offering ("Licensed Software") under the applicable End User License Agreement ("EULA"), maintenance and support services for the Licensed Software ("Maintenance and Support Services"), as follows:
1. Email Support. Thorn shall provide email support for the Licensed Software by providing assistance by competent, well trained staff in a professional manner as is necessary to cause the Licensed Software to perform in accordance with any written support documentation provided by Thorn to Licensee ("Support Documentation"). Such assistance shall be provided in accordance with the severity levels set forth below. Thorn shall provide email support during the business hours ("Business Hours") of 8:00 A.M. to 6:00 P.M. Eastern Time, Monday through Friday (excluding the "Thorn Holidays" set forth below). As referenced herein, the "Thorn Holidays" shall include New Year's Day, Martin Luther King Day, Presidents' Day, Veterans' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day.
2. Support Levels. Licensee may elect from among the following three tiers of support for Maintenance and Support Services:
| Support Level | Maintenance and Support Services |
|---|---|
| Tier 1 - Free Email Support (Default Level of Support) | Includes free email support. Average response time is within one business day, but there is no guarantee. Includes free access to Thorn's Support Knowledge Base (KB) for the Licensed Software |
| Tier 2 - Advanced Support | Includes priority access to Thorn's in-house support team which consists of actual product developers and engineers. Cost for this tier is $99 /month or $799 (which is billed annually and is subject to automatic renewals until canceled). This level includes in-depth setup and troubleshooting guidance for the Licensed Software via email, phone, and/or screenshare. It also includes a guaranteed initial response within two Business Hours after Licensee submits a ticket for Maintenance and Support Services (guaranteed initial response time only, not a deadline for issue resolution) |
| Tier 3 - Premium Support | Includes integration support for the Licensed Software to meet Licensee's specific needs. The fee for this level of Maintenance and Support Services is $2000 for each bucket of 10 hours of service. Each Premium Support bucket expires after 60 days. Multiple buckets can be purchased to extend the duration of Premium Support. Thorn is available to provide an estimate of the hours needed to complete Licensee's support needs. Also includes customized cloud architecture work, automation, VPC/security group setup, monitoring, integration and maintenance, pertaining to the Licensed Software. Guaranteed response time within two Business Hours (guaranteed initial response time only, not a deadline for issue resolution) |
3. Support Process: To obtain Maintenance and Support Services during the Term, Licensee must complete the Maintenance and Support Services Request Form available at https://help.thorntech.com/contact-support.html and email the completed form to support@thorntech.com in order to create a service ticket ("Ticket"). Tickets shall be triaged by Thorn's support team throughout each business day. Tickets will also be tagged to identify: (i) the product version of the Licensed Software; (ii) Licensee's applicable cloud environment (AWS, Azure or Google); (iii) Licensee's applicable support tier as listed above, with Tier 2 and Tier 3 support licensees receiving priority; and (iv) the severity level for the applicable issue. "Severity Levels" shall be categorized as follows:
| Severity Level | Description and Estimated Response Time |
|---|---|
| Level One | Relates to questions about known features or issues of the Licensed Software that are usually already included in the Support Documentation. For Level One issues, a Thorn support engineer will reply with a link to a KB article that addresses the question or will respond to Licensee with relevant information and it may also use such response to create a new KB article for future reference. Estimated (but not guaranteed) time to resolve a Level One issue is less than 1 Business Day. |
| Level Two | Relates to requests for more advanced troubleshooting or research by a senior member of Thorn's support staff. Thorn's support specialist will reply to the Licensee to acknowledge receipt of the Ticket and inform Licensee that it is being escalated to Level 2 Maintenance and Support Services. Thorn's senior support engineer will then address Level Two Tickets according to Licensee's priority level (Tier 2 or Tier 3 Licensees will be addressed first, then by date/time). Thorn's support personnel may schedule a phone call or a screen sharing session to collect more information or to troubleshoot the issue referenced on the Ticket. Screen shares are generally reserved for Tier 2 or 3 Licensees. Estimated (but not guaranteed) time to resolve a Level Two issue is 1-3 Business Days, depending on the issue and Licensee's cooperation. |
| Level Three | Relates to issues that could not be addressed by our Level 2 support. It may include a defect in the Licensed Software that requires research by Thorn's software engineering and development team. If a work around is possible, one will be provided. If a defect is found in the Licensed Software, it will be added to Thorn's product roadmap and development cycle depending on severity. A critical defect may result in a hotfix, which would be released ASAP. Otherwise, work to address the issue will get scheduled into Thorn's upcoming bi-weekly development cycle. |
4. IMPORTANT NOTICES. NO WARRANTIES, INDEMNITIES OR LIABILITIES. ANY SERVICES PROVIDED BY THORN SHALL BE PROVIDED "AS-IS" AND WITHOUT WARRANTY OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR WARRANTY OF ACCURACY OR COMPLETENESS OF ANY RESPONSES OR RESULTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH SERVICES IS WITH LICENSEE. IN NO EVENT SHALL THORN BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THE CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH ANY SUPPORT PROVIDED HEREUNDER.
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