Support Packages Definitions and Services

Definitions. All terms not otherwise defined in this Support Packages Definitions and Services schedule shall have the same meaning as in the Agreement or the Integration Packages Definitions and Services Support Packages Definitions and Services schedule, as applicable.
1. “Account Team Meeting” means reoccurring calls between Company and with the Solutions Engineer in Support, Customer Success Manager, or Solutions Engineer on an established cadence or as reasonably scheduled between the parties.
2. “Bitmovin Community” means the website dedicated to support and other information related to the Bitmovin Solution for Bitmovin’s customers, available at https://community.bitmovin.com/.
3. “Bitmovin Dashboard” means the website, portal, or graphical user interface that the Company may access to view the overall status or control the operation of the Bitmovin Solution.
4. “Business Hours” means 9:00 am – 5:00 pm in the time zone established in the applicable Order Form, except weekends and the appropriate holidays.
5. “Customer Success Manager” means a Bitmovin employee assigned to provide Company with assistance in achieving its desired outcomes and maximizing the value it derives from the Bitmovin Solution.
6. “Dedicated Channel” means access to the Bitmovin on-call support team 24×7 via a dedicated Slack Channel (or similar communications channel) in order for Company to communicate with Bitmovin.
7. “Excluded Problem” means any failure or problem that is the result of: (i) misuse of the Bitmovin Solution or use of the Bitmovin Solution that is not in accordance with the Documentation, or in a manner not permitted under this Agreement or Company’s negligence or misconduct, (ii) any problems caused by or arising out of the operation of Company Content, systems or other resources that are contributed by Company, (iii) any failure or problem that is the result of treatment beyond the reasonable limits of normal use for the Bitmovin Solution, (iv) any failure or problem that is the result of use of the Bitmovin Solution on a device that is not an Officially Supported Device, (v) force majeure event, (vi) Company’s use of a minor release ({major release number}.{minor release number}.{patch number}, where 2.34.0 is minor release 34) of the Bitmovin Solution older than the immediately two prior minor releases, or (vii) failure, interruption, outage or other problem with any software, hardware, system, network, facility or other matter not supplied by Bitmovin under the Agreement, or (viii) malicious intrusions by third parties or virus attacks.”
8. “Incident” means a failure of the Bitmovin Solution to function in accordance with the applicable Documentation.
9. “Initial Response Time” means the window of time for Bitmovin to intake and acknowledge any incident notifications it receives from the Company (suitably raised through Bitmovin’s support ticketing system as a support ticket) and is measured for each Severity Level from the time at which Company gives notice to Bitmovin with sufficient detail of the specific incident.
10. “Long Term Support” (LTS) means Support for a deprecated version of a major release of the Bitmovin Solution, the duration of such Support shall not exceed two (2) years from the date of such deprecation.
11. “Officially Supported Device” means a device Bitmovin currently supports, which can be viewed at https://bitmovin.com/docs/player/articles/device-and-cross-browser-support#support-levels.
12. “Software Engineer in Support” means a Bitmovin Support Engineer assigned to provide product configuration, technical guidance, incident management, and ongoing technical support to Company in the use and configuration of the Bitmovin Solutions within a production setting.
13. “Solutions Engineer or Solutions Architect” means a Bitmovin engineer assigned to provide ongoing technical consultation on the use of the Bitmovin Solution during pre-and-post-sales activities to maximize the value Company gains from our services.
14. “Severity Level” means the impact of the incident defined as follows:
  1. “High Severity” means an Incident in the production environment resulting in the Bitmovin Solution being unavailable with no reasonable Workaround available as follows:
    - For the Bitmovin Player Software, no content playback is possible on an Officially Supported Device affecting 100% of Company’s customers.
    - For the Bitmovin Encoding Service, 100% of encoding jobs fail or stall indefinitely, resulting in no encoding jobs completed.
    - For the Bitmovin Analytics Service, 100% of incoming data is not being saved and cannot be recovered.
    - For any API in the Bitmovin Technologies, 100% of requests fail.
  2. “Medium Severity“ means an Incident in the production environment resulting in the Bitmovin Solution being unavailable where no Workaround exists, or where a Workaround exists but such Workaround is not viable, as follows:
    - For the Bitmovin Player Software, no content playback is possible for any given SDK on an Officially Supported Device, affecting 25% or more of Company’s customers.
    - For the Bitmovin Encoding Service, 10% or more of encoding jobs fail or stall indefinitely, resulting in no encoding jobs completed.
    - For the Bitmovin Analytics Service, customer data is unavailable for 10 minutes or more.
    - For any API in the Bitmovin Technologies, 10% or more of requests fail.
  3. “Low Severity” means an Incident in the production environment resulting in the Bitmovin Solution having a momentary service failure or a persistent failure of a non-critical ‘minor feature’ resulting in abnormal behavior or performance being moderately impaired, where no Workaround exists, as follows:
    - For the Bitmovin Player Software, no content playback is possible for any given SDK on an Officially Supported Device, affecting less than 25% of Company’s customers.
    - For the Bitmovin Encoding Service, less than 10% of encoding jobs fail or stall indefinitely, resulting in no encoding jobs completed.
    - For the Bitmovin Analytics Service, customer data is unavailable for less than 10 minutes.
    - For any API in the Bitmovin Technologies, less than 10% of requests fail.
  4. “Minor Features, Cosmetic Issues and General Guidance” means any feature or cosmetic issues relating to non-urgent services, as well as general questions related to the operation of our products or services, or you want to raise a feature suggestion.
    For the avoidance of doubt, (i) Incidents related to the user interface or visual defects will never be considered High Severity or Medium Severity, unless they result in 100% loss of functionality of the Bitmovin Solution, and (ii) Incidents related to devices that are not Officially Supported Devices within standard documentation will never be considered as High Severity or Medium Severity.
15. “Workaround” means Bitmovin: (i) enables Company to use the Bitmovin Solution, or (ii) provides Company with a commercially reasonable workaround or fix that solves or mitigates a reported Incident until Bitmovin provides a final resolution.

Support. The following technical support terms and conditions shall apply to the Bitmovin Solution (collectively “Support”).

Specification of Support. Support shall be further specified in a valid Order Form and shall include the following, as applicable:

Bitmovin, in its commercially reasonable discretion, will provide Company with technical assistance, incident triage, and incident management within a production setting.
Bitmovin will make all minor releases and major releases that it generally makes available to its customers available for Company’s use under the Agreement.
Product updates and new releases included with self-service installation in accordance with Bitmovin’s release timeline.

The services for each level of Support based on Customer’s Support package shall be as follows:

Support Services	Support Package
Support Services	Developer	Business	Enterprise	Enterprise Concierge
Communications Channels	Bitmovin Community Bitmovin Dashboard	Bitmovin Community Bitmovin Dashboard	Bitmovin Community Bitmovin Dashboard Dedicated Channel	Bitmovin Community Bitmovin Dashboard Dedicated Channel Monthly Account Team Meeting
Support Tickets per month	Bitmovin Dashboard – 5 tickets maximum	Unlimited	Unlimited	Unlimited
Designated Resources	None	Designated Customer Success Manager	Drop-in Support via a pool of Bitmovin Software Engineers in Support Designated Customer Success Manager	Designated Bitmovin Account and Support Team comprised of: Software Engineer in Support Customer Success Manager Solutions Engineer
Enhanced Technical Support	Configuration support Publicly available Documentation Supported Product Versions: STABLE and/or RECOMMENDED	Configuration support Publicly available Documentation General product guidance Supported Product Versions: BETA, STABLE, SUPPORTED and/or RECOMMENDED	Configuration support Publicly available Documentation General product guidance based on Company-specific use cases Reactive product technical support Annual Account Team Meeting for business and architectural review Supported Product Versions: ALL excluding LTS	Configuration support Publicly available Documentation General product guidance on Company-specific user cases and consultative review Reactive product technical support Semi-annual Account Team Meeting for business and architectural reviews Use of product and feature recommendations and examples Feature requests raised on Company’s behalf Supported Product Versions: ALL, inclusive LTS

Excluded Problem. Bitmovin will have no responsibility to provide support and maintenance services for Excluded Problems.
Company Assistance. Company will make available all reasonably required technical resources required to assist and cooperate with Bitmovin in troubleshooting and seeking to resolve any Support Ticket. The parties acknowledge and agree that for Bitmovin to troubleshoot a Support Ticket, Bitmovin may require specific access to certain of the Company’s records, including, without limitation, as appropriate, log analysis, database access, administrative privileges, source files, feeds, and applications which are impacted by the Support Ticket. Subject to Company’s data security policies, Company will provide reasonable access to the relevant Company records referred to in the previous sentence, but may not be able to provide all records.

Support Procedure. Company shall submit a support ticket (“Support Ticket”) to Bitmovin, with comprehensive ticket acceptance criteria information included, for any Incident that Company experiences with the Bitmovin Solution via Bitmovin’s support ticketing system. Bitmovin will provide Company with a dedicated Support Ticket tracking ID. If Bitmovin’s first line Software Engineer in Support is unable to resolve a Support Ticket issue, then the Software Engineer in Support will escalate the applicable Support Ticket to second-line Engineer, and the process will continue up through Bitmovin’s support chain of command based on its urgency and complexity.

The support parameters for Bitmovin’s intake and initial response for support tickets based on the Support Package listed in an applicable Order Form shall apply.

Incident Severity Level	Initial Response Times for Support Packages
Incident Severity Level	Developer	Business	Enterprise	Enterprise Concierge
High Severity Incident	48 hours during Business Hours	24 hours during Business Hours	1 hour	1 hour
Medium Severity Incident	72 hours during Business Hours	48 hours during Business Hours	4 hours	4 hours
Low Severity Incident	72 hours during Business Hours	72 hours during Business Hours	12 hours	12 hours
Minor Features, Cosmetic Issues, and General Guidance	72 hours during Business Hours	72 hours during Business Hours	24 hours	24 hours

High Severity Incidents will require continuous contact between Bitmovin and Company, working on the incident together until such time as service is restored.

End of Bitmovin Support Packages Definitions and Services

DATE: May 25, 2023

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Support Packages Definitions and Services