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.
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.
The following defined terms are used to describe the Support services and Maintenance:
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:
Telephone Technical Support
24×7 Support Portal Access
24×7 Customer Community
24×7 Knowledge Base
Software Product Updates
Designated Sr. Team
Severity 1 Target Response Time
Number of Incidents
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 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:
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