Support and Maintenance Definitions and Services

  1. Definitions.
    1. “Bi-Weekly Sync Calls” means reoccurring calls between Company and with the Bitmovin Support engineering team on a bi-weekly cadence or as reasonably scheduled between the parties.
    2. “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.
    3. “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 the Bitmovin Engineering support team.
    4. “Error” means a failure of the Bitmovin Solution to function in accordance with the applicable Documentation.
    5. “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) force majeure event, (v) 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 (vi) failure, interruption, outage or other problem with any software, hardware, system, network, facility or other matter not supplied by Bitmovin under the Agreement, or (vi) malicious intrusions by third parties or virus attacks.
    6. “Initial Response Time” means the window of time for Bitmovin to intake and acknowledge any Error notifications it receives from Company is measured for each Severity Error Level from the time at which Company gives notice to Bitmovin with sufficient detail of the specific Error.
    7. “Integration and Upgrade Support” means commercially reasonable support and maintenance services provided to Company for: (i) architectural design and scaling guidance, and (ii) during Company’s planned events, product launches and migrations; provided that Company provides Bitmovin with reasonable prior written notice of such events.
    8. “Long Term Support” means Support for a deprecated version of major release of the Bitmovin Solution, the duration of such Support shall not exceed two (2) years from the date of such deprecation.
    9. “Named Support Engineer” means a Bitmovin support engineer assigned to provide ongoing for Company’s account.
    10. “Onboarding Workshop” means a meeting between Company and with the Bitmovin Engineering support team to assist in Company’s initial deployment of the Bitmovin Solution.
    11. “Prioritized Issues” means a dedicated Support Ticket tracking account in order to request features, notify bug reports and ask questions.
    12. “Road Map Review” Bitmovin’s making its product road map available to Company for the parties’ review and discussion twice per contract year. The parties will mutually agree upon the timing of each Road Map Review.
    13. “Severity Error Level” means the impact of the Error defined as follows:
      1. “High Severity Error” means Errors resulting in 100% loss of functionality of the Bitmovin Solution. No reasonable Workaround is available. High Severity Errors will be escalated immediately to senior engineering staff.
      2. “Medium Severity Error” means Errors impacting critical features and functionality resulting in the Bitmovin Solution being significantly restricted in use. To be a Medium Severity Error there must be no Workaround or alternative work flows that can be implemented to resolve the problem.
      3. “Low Severity Error” means Errors which may be circumvented by implementation of a Workaround without major difficulties or if the Error concerns minor functionality issues of the Bitmovin Solution.
      4. “Minor Features and Cosmetic Issues” means Errors related to minor features or cosmetic issues relating to non-urgent questions.

      For avoidance of doubt, Errors related to the user interface or visual defects will never be considered High Severity or Medium Severity Errors unless they result in 100% loss of functionality of the Bitmovin Solution.

    14. “Training” means dashboard, configuration, portal, and API use training sessions via a webinar up to one (1) hour in duration as frequently as two (2) times per year at no additional cost.
    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 Error until Bitmovin provides a final fix to the reported Error
  2. Support. The following technical support terms and conditions shall apply to the Bitmovin Solution (collectively “Support”).
    1. Specification of Support. Support shall be further specified in a valid Order Form, but at a minimum shall include the following:
      1. Bitmovin, in its commercially reasonable discretion, will provide Company with configuration support and technical support.
      2. 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.
      3. Publicly available Documentation and API Documentation.
      4. Product updates and new releases included with self-service installation in accordance with Bitmovin’s release timeline.
    2. Excluded Problem. Bitmovin will have no responsibility to provide support and maintenance services for Excluded Problems.
    3. 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.
    4. Support Procedure. Company shall submit a technical support ticket (“Support Ticket”) to Bitmovin for any Error that Company experiences with the Bitmovin Solution via the phone or the email. Bitmovin will provide Company with dedicated Support Ticket tracking. If Bitmovin’s first line technical support team member (“First Line Support”) is unable to resolve a Support Ticket issue, then first line Support will escalate the applicable Support Ticket to second-line support, 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 issues listed below shall apply.

      Severity Error Level Initial Response Times
      Base with Support Professional Enterprise
      High Severity Error 24 hours during Business Hours 60 minutes 30 minutes
      Medium Severity Error 24 hours during Business Hours 2 hours 1 hour
      Low Severity Error 24 hours during Business Hours 24 hours 24 hours
      Minor Features and Cosmetic Issues No commitment 72 hours 72 hours
    5. Road Map Request. Should Company be entitled to a Road Map Review, Company will have the right to provide feedback on Bitmovin’s road map and to request feature implementations and feature prioritizations (each a “Road Map Request”), and Bitmovin will use commercially reasonable efforts to implement such requests. Bitmovin will provide Company with quarterly updates regarding the Road Map Requests. For avoidance of doubt: (i) all such requests regarding Bitmovin’s road map and products will be deemed Feedback, and (ii) Bitmovin’s road map is considered Bitmovin’s Confidential Information.
End of Bitmovin Support and Maintenance Definitions and Services DATE: March 23, 2020