Yva Self-hosted Solutions Service Support Policy

 

This document sets forth the Yva Self-hosted Solutions Services Support Policy (“Support Policy”) referenced in the Yva License Agreement for Self-hosted Solutions entered into by and between Yva.ai, Inc. and Customer (“License Agreement”).
This Support Policy is governed by the License Agreement and all provisions of the License Agreement apply to this Support Policy. If there is any conflict between this Support Policy and the License Agreement, the License Agreement will prevail with respect to matters within its scope. Capitalized terms not otherwise defined herein have the meanings ascribed to them in the License Agreement. For purposes of this Support Policy, the term “Yva” shall refer to Yva.ai, Inc., and the term “Customer” shall refer to Customer.

 

1. Definitions 

 

“Service” - Self-hosted Solution support and maintenance services, provided by Yva. 

"Self-hosted Solutions" means downloadable software and any client software Yva provides as part of the Self-hosted Solutions. The term "Self-hosted Solutions" does not cover Yva Cloud Services. 

“Problem” means any verifiable and reproducible failure of the Self-hosted Solutions to materially conform to the specifications included in the documentation provided for the Self-hosted Solutions. 

“Resolution” means a Workaround provided to the Customer or a correction to portion(s) of the Self-hosted Solutions by Yva to remedy a Problem in the Self-hosted Solutions. 

“Resolution ETA” or “Resolution Estimated Time of Arrival” means the time elapsed from the moment Yva receives a Support Request for assistance from the Customer and the moment Yva is able to give a non-binding estimate of time it will require to provide Customer a Resolution. 

“Response Time” means the time elapsed from the moment Yva receives a Support Request for assistance from the Customer and the moment Yva replies to the Customer. 

“Support Request” means a request for assistance submitted by a Customer to Yva with respect to the Self-hosted Solution’s functionality or behavior. 

“Term” means the time period during which Customer is entitled to receive Services. 

“Workaround(s)” means a series of instructions, procedural steps or usage clarifications (including in the form of a reversal of any changes to the Self-hosted Solutions or Customer’s system) to avoid a Problem or circumvent its effects. A Workaround does not involve delivery of new programming code of the Self-hosted Solutions. 

“Patch” - an automated, separately supplied software tool used to fix Problems in the Self-hosted Solutions or change their functionality.

 

2. Service Level 

 

2.1. Service shall include: 

(1) Updates. 

Yva provides Updates for the current major version of Self-hosted Solutions. Upgrade of the major version of Self-hosted Solutions is not included in Updates. 

(2) Patches. 

Yva will make available to Customer Patches for the Self-hosted Solutions that have been published and made generally available to Customers. 

2.2. Problem Logging. 

Customer may log Support requests 24 hours a day, 7 days a week, 365 days a year, by sending an e-mail to support@yva.ai. 

2.3. Problem сlassification. 

Yva will classify and use commercially reasonable efforts to respond to each reported Support Request according to the following table:

Severity Level 

Description 

Response Time

1 – Critical 

Scope of technical issue (if all apply): 

- Self-hosted Solution is down. Restarting the on-premise system does not resolve the problem and at time of raising the support Support Request no Workaround exists to start production. Normal business operations are completely disrupted. 

- Impacting only production environments; does not include any non-production systems such as staging environments or development; and - The issue affects almost all Customer’s end users.

Within 2 hours of issue reporting, 24 hours per day, 7 days per week

2 – Serious 

Scope of technical issue (if all apply): 

- Failure of essential Self-hosted Solutions functionality, such as an instability that forces the system to be restarted, or severe degradation of the Self-hosted Solutions’s performance that affects significant aspects of Customer’s business operations. The production system is still operational but restricted. A Workaround that can return business operations to an acceptable level is not available at the time of raising the Support Request; 

- Impacting only production environments - The issue affects most Customer’s end users.

4 business hours

3 – Moderate (Default Level)

This Severity Level is assigned to a new Support Request by default unless the scope of the technical issue falls under another Severity Level. 

- Self-hosted Solutions functional limitations

1 business day



 

that aren’t critical to Customer’s daily operation; - Issues that would otherwise be classified with higher Severity Level, but that can be avoided or circumvented by a Workaround changing certain third-party product or Customer’s environment settings, provided such Workaround does not substantially affect Customer’s business operations; - Issue is revealed in the staging or development environment and has no critical impact on project delivery/system upgrade deadlines; - The Issue affects only a small group of Customer’s end users.

 

4 - Minor 

Scope of technical issue (if any apply): 

- Any feature Support request; 

- Any Problem that has no business impact

Within 3 business days

 

2.4. Disclaimer. 

Yva will use commercially reasonable efforts to meet the Response Time and Resolution Time indicated below in accordance with Severity Level. Any new Support Request shall have the severity initially classified as Moderate, and Yva reserves the right to reclassify any Support Request in accordance with the Severity Levels set forth herein above. If Yva determines that there is a Problem and the Support Request has been classified as a Critical severity (1) or Serious severity (2), the Problem Resolution Time shall not commence until Customer has provided Yva with sufficient information to permit Yva to begin diagnosing the Problem, including, but not limited to, sufficient information to reproduce the Problem. 

2.5. Problem Resolution

Severity Level 

Description

1 – Critical 

- Yva will require access to the Customer’s environment where the issue can be reproduced, or Customer needs to provide reasonably sufficient data, information and log-files to Yva in order for Yva to reproduce the issue on Yva's systems; 

- Customer shall allocate resources for sharing information with Yva from the time the Support Request is opened until a Workaround or Resolution is provided; once a Workaround is provided Customer shall take the actions recommended by Yva to implement the Workaround; 

- The Severity Level is decreased when a Workaround that has been provided allows the production system to run with a performance level that allows continued business operations. 

- If a Severity 1 Problem can be safely fixed through software configuration, Yva does its best to resolve the Problem within 1-3 days. If a Severity 1 Problem can be safely fixed with a Patch, Yva strives to release a hot-fix within 5-7 days to fix the Problem or decrease the Severity.



2 – Serious 

- Yva will require access to the Customer’s environment where the issue can be reproduced, or Customer needs to provide reasonably sufficient data, information and log-files to Yva in order for Yva to reproduce the issue on Yva's systems; 

- Customer shall allocate resources for sharing information with Yva from the time the Support Request is opened until a Workaround or Resolution is provided; once a Workaround is provided Customer shall take the actions recommended by Yva to implement the Workaround; 

- The Severity Level is decreased when a Workaround that has been provided allows the production system to run with a performance level that allows continued business operations. 

- If a Severity 2 Problem can be safely fixed through software configuration, it can often be resolved within 1-15 business days. If a Severity 2 problem can be safely fixed with a Patch, it can often be resolved in the next scheduled hot-fix, which occurs approximately every 4-6 weeks. In some circumstances, a Severity 2 Problem will require a software change that cannot be safely deployed outside a regular release cycle, in which case, it would be resolved in one of the next scheduled releases.

3 – Moderate (Default) and 

4 - Minor

Yva prioritizes these Support Requests according to severity, impact, and number of Customer’s affected.



2.6. Customer agrees that: 

(1) Self-hosted Solutions are an analytical system and do not belong to a critical business system, the downtime or failure of which entails significant losses for the Customer's business and / or damages the reputation of the Customer; 

(2) although Yva will use commercially reasonable efforts to meet the target Response Time and Resolution Time, such targets are estimates only and not a guarantee. Yva will use commercially reasonable efforts and its expertise to determine if a behavior, anomaly or failure constitutes a Problem; 

(3) Resolution Time measurement period shall pause if Yva requests Customer to provide access to Customer’s environment or data needed to verify and/or reproduce the Problem and shall resume once Customer provides the requested access to environment or data; 

(4) Yva reserves the right to decrease Severity Levels if Customer fails to provide access to environment or data for more than three (3) days after Yva’s request.

 

3. Limitations 

 

3.1. Service does not cover: 

- any modifications made to the Self-hosted Solutions (whether by the Customer, third parties); 

- applications developed by Customer or other third parties’ products; 

- onsite support services (the Services are provided remotely); 

- systems engineering services, programming, or operations procedures of any sort; - the use, interconnection, or integration of the Self-hosted Solutions with an operating system or any software or hardware or networking systems not specified as compatible by Yva;

- use of Self-hosted Solutions in a manner for which it was not designed, including in breach of the applicable License Agreement; 

- problems that cannot be reproduced by Yva based on information provided by Customer, or that cannot be remedied due to the operational characteristics of the computer equipment used by Customer; 

- any work related to providing consultation for or work to ensure that the Self-hosted Solutions is compatible with application servers, platforms, network configurations, customizations (unless additional Services for customized versions are purchased), web browsers, databases other than those with which the Self-hosted Solutions is then currently developed to work, or versions of any of the foregoing; 

- database performance tuning and general administration; 

- customer-specific application usage assistance; 

- hardware maintenance. 

3.2. Yva will use commercially reasonable efforts to provide the Services under these Support Policy; however, Customer acknowledges that Yva cannot guarantee that every question or Problem reported by Customer can or will be resolved. Nothing in this Support Policy shall expand or add to any warranty for the Self-hosted Solutions set forth in the License agreement.

 

4. Special projects and implementations 

 

4.1. In some cases, the project may outstand of our usual projects and installations, for example: 

- It may have more end users connected than a standard project; 

- The Customer may have non-standard network or server configuration; 

- A data source deployed cannot be tested under load on Yva’s side etc. 

In such cases, a dedicated team works on such a project to ensure that the Self-hosted Solutions are functioning properly. Such a project can take from 3 to 6 months and it is a highly collaborative process. 

For such projects, Yva asks the Customer to allocate technical personnel to promptly answer questions and participate in the successful completion of the installation process to transfer the project to regular support Service.

 

5. Term and termination 

 

5.1. Customer shall be entitled to receive Services for the duration of the Term. The Term starts on the date that the Customer receives the right to use the Self-hosted Solutions. The initial Term shall be in effect for 12 months (or as specified in the applicable Order or otherwise in writing) from the start date. Thereafter, subject to payment by Customer of the then current fee for Self-hosted Solutions, if any, the Term shall automatically renew for additional 12 month renewal terms (or as specified in the applicable Order or otherwise agreed to by Yva and Customer in writing) unless either party provides notification of its intention not to renew the License Agreement.

 

6. Services improvements 

 

6.1. Yva may modify the Services from time to time in its sole discretion in order to improve the customer experience, including, without limitation, adding new functionality, correcting errors, or improving performance.

 

Contact Us

 

If you have questions or concerns about how your information is handled, please direct your inquiry to support@yva.ai

Yva.ai, Inc. 
2445 Augustine Drive, Suite 150,
Santa Clara, California 95054 USA