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 OR RENEW YOUR SUBSCRIPTION TO ANY OF THORN'S SOFTWARE LICENSE 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 to Thorn’s applicable software license subscription 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 as is necessary to cause the Licensed Software to perform substantially in accordance with the written user documentation for the Licensed Software 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, Mondays through Fridays (excluding the “Thorn Holidays” set forth below, “Business Days”). As referenced herein, the “Thorn Holidays” shall include New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day and any other holiday observed by Thorn.
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. While average response time is within one business day, there is no guaranteed response time. 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 product developers and engineers. The cost for this tier is $1,500 per year and is subject to automatic renewal until canceled. This level includes in-depth setup and troubleshooting guidance for the Licensed Software via email, phone, and/or screenshare. It also includes an initial response on the same Business Day on which Licensee submits a Ticket for Maintenance and Support Services. If Licensee submits a Ticket after 4 PM on a Business Day or on a day that is not a Business Day, Thorn will provide an initial response by 10 AM on the next Business Day. (This is an 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 OR send an email 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 support licensees receiving priority; and (iv) if known, the classification for the applicable issue.
Issues in Tickets shall be categorized and escalated as follows:
| Issue Classification | Description and Estimated Resolution 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. |
| 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 Two Maintenance and Support Services. Thorn’s senior support engineer will then address Level Two Tickets according to Licensee’s priority level (Tier 2 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 Licensees. |
| Level Three | Relates to issues that could not be addressed by our Level Two 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. EXCLUSIONS. Thorn has no obligation to provide Maintenance and Support Services for:
a. Altered, damaged, or modified Licensed Software, unless Thorn authorized or made the modifications;
b. Licensed Software that is not the then-current release made available to Licensee;
c. Licensed Software installed on a hardware platform or in an operating environment that is not supported by Thorn;
d. Errors or problems in the Licensed Software caused by misuse of the Licensed Software, hardware malfunctions, or failure to use the Licensed Software as specified in the applicable documentation;
e. Errors in Licensed Software arising from bugs, modifications, or updates in or to operating systems, databases, or other software not furnished by Thorn; or
f. Licensed Software performance issues resulting from changes in Licensee’s hardware platform or operating environment.
If the parties mutually agree that a reported issue was not related to the Licensed Software, or resulted from Licensee’s failure to use the Licensed Software according to its documentation or Licensee’s failure to install a newer release of the Licensed Software provided by Thorn to Licensee, Thorn may invoice Licensee for its services to fix, or attempt to fix, such issue at the then current hourly rates for Thorn’s consulting and training services.
5. 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 SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR THE CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE MAINTENANCE AND SUPPORT SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THORN FOR ANY DAMAGES, LOSSES OR CLAIMS ARISING FROM OR RELATING TO ITS PROVISION OF MAINTENANCE AND SUPPORT SERVICES EXCEED FIFTY DOLLARS ($50).