Breakwater Standard Support Terms

Last revised September, 2021

1. SERVICE REQUESTS

Customer shall submit each request for resolution of an error relating to the Software through Breakwater’s online help desk (each, a “Service Request”).

2. HOURS

Breakwater shall provide maintenance and support during its normal business hours, Monday through Friday, from 8:00 a.m. to 7:00 p.m. CT (excluding U.S. federal holidays), provided that the foregoing does not apply with respect to Severity Level 1 or 2 Service Requests.

3. CLASSIFICATION

Breakwater shall classify each Service Request as follows:

Severity Level 1Critical error that renders all essential functions of the Software unusable in any material manner. User-implemented workaround is not available to avoid the error.
Severity Level 2Significant error that renders an essential function of the Software unusable or negatively impacts the usability or performance of a major function of the Software in a material manner. User-implemented workaround is not available to avoid the error.
Severity Level 3Minor error that renders a non-essential function of the Software unusable or negatively impacts the usability or performance of a non-essential function of the Software but does not significantly degrade the overall usability or performance of the Software. Information request or request for clarification on use of a function of the Software.

4. RESPONSE

After receipt of a Service Request, Breakwater shall commence remedial measures as described below within the timeframes set forth below:

Severity Level 12 hours (24/7).

Breakwater shall promptly initiate the following procedures: (i) assign resources to diagnose and correct the error using commercially reasonable efforts; (ii) provide ongoing communication on the status of remedial measures; and (iii) advise of a temporary workaround or fix, if available.

Severity Level 24 hours.

Breakwater shall promptly initiate the following procedures: (i) assign resources to diagnose and correct the error using commercially reasonable efforts; (ii) provide ongoing communication on the status of remedial measures; and (iii) advise of a temporary workaround or fix, if available.

Severity Level 31 business day.

Breakwater shall advise of a temporary workaround or fix, if available, or Breakwater may implement a fix in the next general release of the Software or applicable component of thereof. Breakwater shall provide the information or clarification requested.

5. EXCLUSIONS

Breakwater shall have no obligation to address any Service Request to the extent the error is attributable to any Exception or Customer’s use of a version of the Software that has been superseded by a Major Release made available by Breakwater to Customer for more than 90 days. “Major Release” means a new release of the Software that implements significant new functions and features, typically designated by a change in version number to the left of the first decimal point (e.g., from version 1.8.7 or 1.9 to 2.0).

6. UPDATES

From time to time, Breakwater may release Updates for the Software. Breakwater shall make an Update available to Customer at the same time Breakwater makes the Update generally available to Breakwater customers, provided that Customer maintains a valid subscription for Maintenance and Support for the Software. When Customer makes production use of the Update, the Update will be deemed to be part of the Software, and the terms and conditions herein applicable to the Software will apply in the same manner to the Update.