Ververica Cloud: Managed Service

DEFINITIONS

1. "Error" means a reproducible defect in the Ververica Cloud Services that
   1. degrades or impairs User’s use of the Ververica Cloud Services and causes such services not to operate substantially in accordance with the
   2. applicable specifications, instructions or other documentation provided by Ververica and
2. is reported via Support Tool. For the avoidance of doubt, an Error does not include any User-specific issue in relation to a User’s use of Ververica Cloud Services in conjunction with such User’s own or its third-party environment, systems, components, interfaces, etc., unless otherwise agreed by Ververica.
3. "Documentation" means Ververica Cloud Services documentation, published by Ververica and accessible at  https://docs.ververica.com and/or other locations on the Ververica Website.
4. "Business Day" means Monday through Friday excluding public holidays in supported time zones (Central European Time and Pacific Time).
5. "Business Hours" means 9:00 am to 5:00 pm on a Business Day in following time zones:
6. Central European Time in Berlin, Germany, for Europe, Middle East and Africa Users;
7. Pacific Time in San Jose, California, for United States Users.
8. "Extended Business Hours" means 24x7x365 including public holidays.
9. "Support Services" means the maintenance and support services purchased by User and described in Support Services Description,
10. "Support Tool" means the third-party internet platform designated by Ververica for the User to open up an account and initiate and receive Support Services.
11. "Modification" is modification on top of Ververica Cloud Services that corrects the Error, or a procedure, when applied in the normal operation of the Product, corrects the effect of an Error.
12. "Update" means a revision of the Ververica Cloud Services made generally available by Ververica to Users to correct Errors in the services or to maintain the operation of the services in accordance with the Documentation.
13. "Designated Support Contact" means the technical support person(s) within User's organization designated by User to act as the contact for the Support and Maintenance Services described herein.
14.  Unless otherwise expressly defined, all capitalised terms used in this document shall have the same meanings as defined in the Terms of Service agreed between the User and Ververica.

SUPPORT

1. Support. Ververica will provide support to the User by providing answers and additional information by qualified Ververica personnel to questions raised via Support Tool related to use and operation of the Ververica Cloud Services, including basic instruction or assistance.
2. Support levels: Ververica offers (three) 3 levels of paid Support Services plans for Ververica Cloud Services: Basic, Business and Enterprise. Basic, Business plans are limited by Business Hours, while Enterprise plan has Extended Business Hours support availability.
3. Support Channels: Ververica shall provide the Support Services through its online  Support Tool. Following submission of a support request by the User, Ververica will communicate with User using the Support Tool. Support Services will be provided in English.
4. Hours of operation: User may submit support requests through Support Tool twenty-four (24) hours a day, seven (7) days per week. Ververica will address such requests as per service level commitments set for in below Clause 3(c) for the User’s support plan.

MAINTENANCE

1. Target Initial Response Times. Ververica shall use commercially reasonable efforts to respond to Errors in accordance with the Target Initial Response Times that will be determined by the Priority Levels set out below in the time periods described in this document. The Target Initial Response Times depend on the level of the support plan (Basic/Business/Enterprise) purchased by the User.
2. Commencement of the Target Initial Response Times. The Target Initial Response Times will be triggered once User's has reported an Error via the Support Tool, it being understood that in case User has chosen "Basic" or "Business" support plan and has reported an Error outside Business Hours, the Target Initial Response Times will be triggered and Ververica will commence providing services to resolve Errors as per Section 3(d) below, once the Business Hours of the next Business Day have commenced. The actual time required to fully resolve the issue, if full resolution occurs, may be longer than the Target Initial Response Time. User understands and agrees that full resolution of an Error is not guaranteed and may not occur.
3. Classification. The classification of any Error among Priority Levels shall be reasonably determined by Ververica in accordance with the definitions specified below.

For Users using "free" level of support, free of charge, the Support and Maintenance Services described herein are provided on a "best effort" basis, and Ververica does not guarantee a response within any response timeframe. 

4. Resolving Errors. Ververica shall use commercially reasonable efforts to resolve Errors in accordance with the provisions set out below.
5. Error reporting. User shall report the Error to Ververica via the Support Tool and indicate proposed Priority of Error. Upon receipt of such report, Ververica shall perform the following steps.
   1. Ververica will assess the Priority Level of the Error based on the Error description. Appropriate Priority Level is assigned and the User is informed of this change.
   2. Ververica will use commercially reasonable efforts to
      1. allocate dedicated engineering resource(s) to assessing and correcting the Error, during the time when support is available according the purchased support plan, until the Error is resolved, and
      2. provide User with regular updates, unless otherwise indicated in response, until the Error is resolved and
      3. notify User once the Error is resolved.

UPDATES

1. Update Policy. Ververica determines whether and when to develop, release and apply any Updates. Ververica reserves the right to determine at its sole discretion whether a new feature will be releases as an Update. Ververica further reserves the right at its sole discretion to change and/or  remove certain features of the current Product under any Updates.
2. Modifications and Updates: Ververica will use commercially reasonable efforts to provide an Modification designed to solve or workaround reported Error, in accordance with the table in Section 3. If an Error has been corrected in a Update, an Modification may be provided in the form of a temporary fix or procedure for Error, until a Update containing the Modification is available. Ververica will make Updates available to User if, and when Ververica makes any such Updates generally available to all of its Users.
3. Exclusions. Ververica is not obligated to provide Support Services to User if:
   1. any Product or portion thereof that was not used in accordance with Ververica’s instructions;
   2. any Product or portion thereof that is altered, modified, or converted by User or any third party in a manner that is not in accordance with the Documentation;
   3. any defect in the Product or portion thereof due to User's equipment malfunctioning,
   4. the Error is caused by User’s negligence, hardware malfunction, the configuration of the platform or datacenter, network latency or causes beyond the reasonable control of Ververica or
   5. User has not paid the Support Services fees when due.

USER OBLIGATIONS

1. User Obligations. Except as otherwise agreed between the parties in a separate written agreement, User is responsible for
   1. maintenance and management of its computer network(s), servers, and software, and any equipment or services related to maintenance and management of the  foregoing; and
   2. correctly configuring its systems in accordance with any instructions provided by Ververica, as may be necessary for provision of
   3. access to the features and functions of the Product.
   4. User has made reasonable efforts to resolve the Error before reporting the Error to Ververica, including having the Error reviewed by the Designated Support Contact;
   5. User has installed all Updates, if relevant; and
   6. User has provided Ververica with sufficient enough information about the Error. This includes any reproducible test scenarios Ververica requests.
2. Reporting of Errors. User must promptly notify Ververica in the event an Error occurs.
3. Cooperation. User will fully cooperate and assist Ververica in responding to Errors and providing Support and Maintenance Services, including
   1. allowing full and free access, remotely and physically, to relevant hardware, software, and other information; and
   2. making at least one of its Designated Support Contact(s) available for questions and communication during the time when support is available according the purchased support plan.
4. Non-Performance by User. The obligations of Ververica set forth in these Support and Maintenance Terms will be excused to the extent any failures to meet such obligations result in whole or in part from User's or User's Designated Support Contacts’ failure(s) to meet the foregoing requirements.