Redpanda Support Services Terms and Conditions

If Company has entered into an Order Form with Redpanda Data that includes a subscription for Services, Redpanda Data will also provide Technical Support (as defined below) in accordance with these Support Services Terms and Conditions during the term of Company’s applicable Subscription Term for Services. All capitalized terms used herein without definition will have the same meanings set forth in the Subscription Terms and Conditions, as applicable. Redpanda Data and Company agree as follows:

Support Services

Redpanda Data shall use commercially reasonable efforts to provide the following services to Company:

• Access to a center capable of receiving information from Company through telephone, electronic mail and a customer support website (“Technical Support”) during Business Hours.
• Access to Technical Support by individuals designated by Company to Redpanda Data in writing to have such access (“Authorized Contact Persons”). All inquiries to Technical Support must be made by an Authorized Contact Person.
• Software updates (including Service Packs and Hot Fixes) that Redpanda Data, in its discretion, makes generally available without additional charge.
• Access to all Documentation for the Software (including without limitation basic and advanced documentation).

Target Response Times

Redpanda Data shall use commercially reasonable efforts to respond to reported Errors within the following target timeframes.

Following the initial response as set forth above, Redpanda Data shall exercise commercially reasonable efforts to correct any Error reported by Company in the current unmodified release of Software in accordance with the priority level reasonably assigned to such Error by Redpanda Data.

• Priority 1 Errors - Redpanda Data shall promptly commence the following procedures: (i) assign Redpanda Data engineers to investigate the Error; (ii) notify Redpanda Data management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Company with periodic reports on the status of the investigation; and (iv) initiate work to provide Company with a Workaround or Fix.
• Priority 2 Errors - Redpanda Data shall exercise commercially reasonable efforts to include the Fix for the Error in the next regular Software maintenance release.
• Priority 3 Errors - Redpanda Data may include the Fix for the Error in a future release of the Software.
• Priority 4 Errors - Redpanda Data will use commercially reasonable efforts to answer technical questions.

Company is responsible for providing sufficient information and data to allow Redpanda Data to readily reproduce all reported Errors. If Redpanda Data believes that a problem reported by Company may not be due to an Error in a Software, Redpanda Data will so notify Company.

Exclusions

Redpanda Data shall have no obligation to support or maintain: (i) an altered or damaged Software or any portion of the Software incorporated with or into other software; (ii) Software that is not the then current release or immediately Previous Sequential Release; (iii) Software problems caused by Company’s negligence, abuse or misapplication, use of the Software other than as specified in Redpanda Data’s user manual or other causes beyond the control of Redpanda Data; or (iv) Software installed on any hardware that is not supported by Redpanda Data. Redpanda Data shall have no liability for any changes in Company’s hardware which may be necessary to use the Software due to a Workaround or maintenance release.

Definitions

• “Business Hours” means 8:00 AM to 5:00 PM Pacific Time, Monday through Friday, excluding federal holidays.
• “Critical Bug” means an issue involving unmitigated downtime or data loss, or resolving Critical security vulnerabilities (i.e. those with a CVSS rating of 9.0 or above).
• “End of Support Date” means the period of twelve (12) months from the initial release of an applicable Software that has been replaced by a subsequent release of the same Software.
• “Error” means an error or Critical Bug in the Software which significantly degrades such Software as compared to Redpanda Data’s published performance specifications.
• “Fix” means the repair or replacement of object or executable code of the Software to remedy an Error.
• “Maintain” means to provide regular maintenance releases with bug fixes on the latest major release line, backport Critical Bug fixes to earlier supported releases that have not reached their End of Support date, and provide technical support.
• “Previous Sequential Release” means the release of the Software which has been replaced by a subsequent release of the same Software and has not yet reached its End of Support date. Notwithstanding anything else, Redpanda Data will maintain a Previous Sequential Release a only until its End of Support Date.
• “Priority 1 Error” means an Error that renders the Software inoperative for production or causes the Software to fail catastrophically and has no known workaround.
• “Priority 2 Error” means an Error that substantially degrades the performance of the Software or materially restricts Company's use of the Software.
• “Priority 3 Error” means an Error that causes only a minor impact on the performance of the Software or Company’s use of the Software.
• “Priority 4 Error” means a question or general request for information that is not affecting the Services, the Software or any Redpanda Data system in any material fashion.
• “Response” means communication from Redpanda Data to Company acknowledging that an Error has been reported and describing Redpanda Data’s plan for remedying such Error.
• “Workaround” means a change in the procedures followed or data supplied by Company to avoid an Error without substantially impairing Company’s use of the Software