Adaptive Shield or its agents shall use commercially reasonable efforts to diagnose and correct verifiable and reproducible problems (“Errors”) when reported to the Adaptive Shield in accordance with the procedures set forth herein. Customer shall make commercially reasonable efforts to assist Adaptive Shield in reproducing any Error. Customer will provide Adaptive Shield with access to its personnel and equipment necessary to answer questions regarding Errors.
Response Times for Software Errors
Adaptive Shield or its agents shall promptly respond to Customer’s requests for support services during business hours and shall provide and implement a solution which restores full functionality of the Solution for the Customer within the time frame set forth herein:
a. With respect to High Priority Errors: such Errors shall be corrected within 24 hours. “High Priority Errors” means software errors that cause a total system failure impacting on all users or total failure of a critical functional area; and critically disrupt Customer’s operations
b. With respect to Medium Priority Errors: such Errors shall be corrected within 72 hours. “Medium Priority Errors” means software errors that causes a limited failure of a critical functional area, service is degraded but remains useable, remaining areas are still useable; and moderate to serious impact on the Customer’s business.
c. With respect to Low Priority Errors: such Errors shall be corrected within the next release of the Solution, to be provided no more than 8 months from the date of reporting. “Low Priority Errors” means software errors that cause non-critical failure or degradation of the functionality of the Solution.
]Times set forth herein are measured from the time such Error is reported in compliance with this Agreement, during Business Hours (except for High Priority Hours). “Business Hours” means 9am to 5pm US Central, during the business day.
Updates and Upgrades
Adaptive Shield shall provide upgrades and updates to the Solution as available.
Adaptive Shield shall have no obligation to provide services hereunder if the Solution: (i) has been used other than in accordance with this terms, Adaptive Shield instructions or applicable documentation; (ii) has been modified, repaired, serviced, maintained or altered by anyone other than Adaptive Shield and without Adaptive Shield’s prior written approval; or (iii) has been damages as a result of the acts or omissions of Customer or any other event over which Adaptive Shield does not have control. Adaptive Shield shall not have responsibility to the extent any error is the result of Customer’s failure to install updates and upgrades provided by Adaptive Shield. For the avoidance of doubt, Adaptive Shield are the only ones to install upgrades.
Data and Recovery
Customer will be solely responsible for management of its data back-up, data recovery, and disaster recovery measures. Adaptive Shield and its authorized service representatives will not be responsible or held liable for Customer’s internal processes, procedures or requirements to ensure the protection, loss, confidentiality, or security of Customer’s data or information.