Data443 Risk Mitigation, Inc.
Supplemental Terms for Support & Maintenance Services

Last updated: March 15, 2021

In conjunction with Your purchase of Support and Maintenance Services, You agree to these Supplemental Terms for Support and Maintenance Services which are hereby incorporated into the End User License and Services Agreement between Data443 Risk Mitigation, Inc. (Data443) and You (the “Agreement”). Data443 may revise these Supplement Terms for Support and Maintenance Services from time to time by publishing such updates to our website. In the event that Data443 makes any revision that includes a material change to these Supplement Terms for Support and Maintenance Services during your current annual Support and Maintenance term (“Change”), Data443 shall give you notice of such Change. You shall have thirty (30) days to object to any such Change by written notice to Data443, otherwise you agree to accept the Change and incorporate any such Change into the Agreement. If you reject the Change on a reasonable basis, the Parties shall work together in good faith to come to a mutual resolution of the issues. Capitalized terms not defined herein shall have the meaning set forth in the Agreement.

 

Overview

Data443 offers Support and Maintenance for purchase on an annual basis. Support provides a resource for You to receive assistance regarding installation, standard product configuration and the usage of Data443 products. Maintenance entitles You to receive the latest software updates and upgrades, including patches, fixes, and security updates.

 

I. Definitions

The following defined terms are used to describe the Support services and Maintenance:

    1. “Business Hours” means regular operating hours, excluding company holidays, where support coverage is available for each geography as found at https://www.data443.com/support
    2. “Documentation” means, collectively, the official product operation instructions, release notes and user manuals provided by Data443 for the Software, in electronic or written form, that Data443 has made publicly available.
    3. “Error” means a reproducible failure of a properly licensed, implemented, and used Data443 product to perform in substantial conformity with its accompanying documentation.
    4. “Incident” means a single Support issue, generally an Error, or usage question with an Data443 product and the reasonable effort needed to resolve it.
    5. “Maintenance” means the provision of Updates and Upgrades for the Software.
    6. “Phone Support” means Support that is initiated via a call-back feature on the Data443 Support portal.
    7. “Severity Level 1” or “S1” means A licensed Product executing within a single node and primarily responsible for providing production functionality, critical to the core business process conducted by the customer (a “Production Product”) is down and all or a significant number of critical Product components are not functioning.  Acceptable business operations cannot continue until a resolution or workaround is found.
    8. “Severity Level 2” or “S2” means A licensed Production Product is available to users and a critical component or function does not perform in accordance with current Product documentation. No viable workaround is apparent.  Acceptable business operations cannot continue until a resolution or workaround is found.
    9. “Severity Level 3” or “S3” means A licensed Product is available to users and most or all critical components or functions perform in accordance with current Product documentation; however, a material function does not perform in accordance with current Product documentation. Acceptable business operations continue with minimal or no material degradation.
    10. “Severity Level 4” or “S4” means A licensed Product is available to users and functioning in accordance with current Product documentation, but assistance is required for new or modified configuration, setup, application, understanding or any other query outside of a product bug covered in other severities.  Also includes enhancement requests and documentation amendments.
    11. “Software” means the object code form of the Data443 proprietary software product(s) made available by Data443 under the Agreement, whether on premise or as a SaaS Offering, and including any Documentation, Updates, and Upgrades.
    12. Third Party Products” means any software or hardware that is manufactured by a party other than Data443 and is either (i) not delivered with the Software, or (ii) not incorporated into the Software.
    13. “Support” means the Data443-provided customer service designed to resolve Errors and Incidents in the installation, configuration, and usage of the Software, but does not include any type of assisted deployment, design particular to bespoke requirements, or assistance with Third-Party Products being used in conjunction with the Software.
    14. “Support Portal” means the Support website located at: https://www.data443.com/support
    15. “Update” means bug fixes, minor enhancements, corrections, patches, and functions added to or removed from the Software, not including any new software or functionality that Data443 markets and sells separately.
    16. “Upgrade” includes major releases of products that replace a prior version of that product.
    17. “Assigned Support Engineer” a Support engineer assigned to the customer who is skilled in supporting the Data443 product for which you have purchased Premier Support.

 

Customers with active Support and Maintenance may download, install and use any Updates and Upgrades of the products for which they have purchased Support and Maintenance. Customers who are not on a Support & Maintenance plan, are not entitled to download, install, or use Updates or Upgrades that become available after their plan expired.

 

II. Support Levels

The benefits of each level of Support are as follows:

Support Feature

Standard

Enterprise

Premier

Telephone Technical Support

Business Hours

24×7*

24×7*

24×7 Support Portal Access

24×7 Customer Community

24×7 Knowledge Base

Software Product Updates

Advanced Reps

 

Designated Sr. Team

  

Severity 1 Target Response Time

2 hours

2 hours

1 hour

Number of Incidents

Unlimited

20

50

Upgrade Guidance 

  

Technical Guidance and Validation

Escalation Management— Severity 1 Issues

 

Escalated to Support Manager after 8 hours

Critical situation oversight

Priority Case Monitoring

  

Priority Case Routing (after hours)

  

Environment-based Technical Guidance

  

Recommendations based on best practices and customer needs

Support Service Review

  

New Release Notification

 

Proactive notification

Proactive notification and personalized discussion

Remote Support via Screen Sharing

 

Annual Mentoring Session

  

Annual Product Usage Review

  

*Severity 1 incidents only

 

III. Incident Submission and Processing

You may submit Incidents 24 hours per day, 365 days per year via the online Support Portal located at: https://www.data443.com/support

You may also report Incidents by phone during Business Hours. Business Hours and company holidays for the Data443 Support centers are located at:  https://www.data443.com/support

When notifying Data443 of any Incident, You must provide Data443 with detailed information about any suspected Error(s), including an example, the context in which it was encountered, details of Your system configuration, and the steps necessary to generate or reproduce the Error. The Severity level of an Incident shall be determined by agreement between You and Data443 (using the Severity definitions described in these terms).

If You are a Premier Support customer, a Designated Sr. Team (DST) will be assigned to You.  The DST is skilled in supporting the Data443 product for which You have purchased Premier Support. The DST will be available during your normal business hours and is responsible for solving Your submitted Incidents. In case the ASE is not available for any reason, Data443 will provide a back-up engineer.

Premier Support customers will be provided direct access to a Support Manager who is available to manage escalated incidents or coordinating incidents across time zones for customers with multiple sites in different geographic locations.

 

IV. Technical Contacts

You will provide technical contacts to Data443 as reasonably required to provide information, work through instructions, and confirm resolution of the Incident. Your designated technical contacts will be responsible for interfacing with Data443 Support personnel. Each technical contact must be familiar with the Software and be capable of performing basic administrative functions.

 

V. Response Times

Data443 will respond to and set internal resolution Severity for each reported Incident within the following initial response time targets during Data443 Business Hours:

Business Impact

Standard

Enterprise

Premier

S1—Critical

2 hrs.

2 hrs.

1 hr.

S2—High

4 hrs.

3 hrs.

2 hrs.

S3—Medium

8 hrs.

8 hrs.

4 hrs.

S4—Low

24 hrs.

16 hrs.

8 hrs.

To be eligible for the response times above, You must submit S1 Incidents to Data443 by phone.

If you have 24×7 Phone Support entitlement, then You will have access to Phone Support outside of Business Hours for P1 issues. Data443 will route calls via a follow-the-sun model and initial response time targets will apply 24×7.

 

VI. Renewal of Support and Maintenance

Support and Maintenance is offered on an annual basis and must be renewed prior to the expiration of the then-applicable Support and Maintenance term. If payment for a Renewal Term is not received prior to the expiration date of the existing term, Data443 reserves the right to suspend access to Support and Maintenance until payment is received.

You must purchase Support and Maintenance for the total number of licenses of the Software You have purchased or are using (whichever is greater) and may not purchase Support and Maintenance for a subset or partial set of licenses. For example, if You purchase one thousand (1,000) licenses of the Software, you may not purchase Support and Maintenance for only five hundred (500) licenses.

VII. Reinstatement of Support and Maintenance

If You terminate or allow Support and Maintenance to lapse or expire and would like to reactivate Support and Maintenance, You must pay: 1) a fee equal to the total Support and Maintenance fees retroactive to the date of lapse or termination; 2) a reinstatement fee; and 3) a fee for the then-commencing Support and Maintenance term.

VIII. Termination of Support and Maintenance

If you elect to not renew Support and Maintenance, You must provide ninety (90) days written notice prior to the end of the then-applicable annual Support and Maintenance term.

IX. Support Exceptions

Data443 shall be under no obligation to furnish Support for any Software to the extent that such Support is necessary or desired as a result of: (i) the operation of the Software in environmental conditions or configurations outside those described in the Documentation; (ii) Your failure to upgrade or update the Software to a supported version as specified at:  https://www.data443.com/support or to maintain the Software in accordance with the standards described in the Documentation or as specified in any Support and Maintenance you receive from Data443; (iii) actions of any third party other than Data443 or a third party authorized by Data443; and (iv) causes unrelated to the Software as delivered to You by Data443, including without limitation, unauthorized modifications to the Software, made by You or on Your behalf.

Data443 Support is designed to assist You with errors and incidents in the normal usage of the Software in Your environment. If You would like assistance from Data443-approved resources beyond Data443’s standard Support, including product training, implementation services, and customization services, Data443 Support recommends engaging with Data443 Professional Services. Data443 Professional Services have the skills to architect, implement, and optimize Data443 solutions and are specially trained to provide a unified, consistent, and cost-effective user-oriented experience. Find out more about Data443 Professional Services at:  https://www.data443.com/support