TECHNICAL SUPPORT POLICY

Last Updated: June 17, 2024

This Technical Support Policy (this “Support Policy”) sets out the terms of support SWARM will provide to Customer for use of SWARM’s Software portions of Services as specified in an MSA or Order Form between SWARM and Customer. In this Support Policy, “Support” means the services described in this Support Policy and does not include one-time services or other services not specified in this Support Policy, such as professional services, consulting, or custom development. In the event of a conflict between this Support Policy and an MSA, Order Form, or other agreement governing Customer’s use of Services (as applicable and together with the SWARM Platform Terms & Conditions, the “Agreements”), the terms and conditions of the Agreements will prevail over this Support Policy with respect to such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreements.

1. SUPPORT RESPONSE TIMES.

Unless otherwise specified in an MSA or Order Form between SWARM and Customer, SWARM will provide Initial Response times to Customer for Support based on the severity levels listed below:

  • Severity 1: 2 Business Hours

  • Severity 2: 8 Business Hours

  • Severity 3: 1 Business Day

  • Severity 4: 3 Business Days

“Severity 1” issues arise when the Services are suffering from a complete loss or severe outage of service or functionality, resulting in Customer being unable to use the Services in any manner.

“Severity 2” issues arise when a Services problem exists which materially impacts Customer’s business operations, although the Services are substantially operational.

“Severity 3” issues arise when a Services problem exists which does not materially impact Customer’s business operation and a workaround is available.

“Severity 4” issues are requests for use of Services outside the features included in product or help documentation. Severity 4 issues are considered enhancement requests.

“Initial Response” means the time it takes from Customer’s initial email or help message (in connection with Section 2.1 of this Support Policy) of the issue to SWARM until SWARM acknowledges the incoming request.

“Business Day” means Monday to Friday (other than a day designated as a national holiday within the United States or Europe region).

“Business Hour” means between 9 A.M. to 8 P.M. Eastern Standard Time (UTC -5) on a Business Day.

2. REQUESTING SUPPORT.

2.1 Contacting Support. For SWARM to provide Customer with any Support, Customer must submit a support request by sending a message or by submitting a ticket through SWARM’s help system within the Software, or by emailing help@swarm.engineering. Only Customers that have an active MSA or Order Form, are authorized to access and use the Software, and have an active account on the Software can submit a support request and work directly with SWARM.

2.2 Request Information. When submitting a support request to SWARM, Customer shall provide (a) reasonable detail of the nature of and circumstances surrounding the error and the Software’s or Services’ failure to perform within the Customer’s specifications; (b) redacted Customer log files in accordance with SWARM’s compliance and data privacy requirements; and (c) cooperation in the diagnosis and resolution of any issues.

3. SUPPORT TERMS & CONDITIONS.

3.1 Support shall only be guaranteed in English by SWARM, although Support in other languages may be available, and SWARM will only provide support for the latest versions of the Software and Services that are currently supported by SWARM.

3.2 SWARM will reasonably assess a Support request’s priority according to the appropriate severity levels defined above. At SWARM’s discretion, SWARM will confirm the severity level with the Customer and will resolve any disagreement regarding the priority as soon as is reasonably practicable. Severity 1 level requests are not available for Services not yet in production with a Customer.

3.3 Support is provided by SWARM on a break-fix basis only using reasonable efforts to resolve or restore the operation of the Services to their normal functions. SWARM does not proactively monitor Customer’s systems for technical issues, nor does it provide any guarantee to resolve a Support request within a specific or fixed time. Support for other issues including, without limitation, project or solution scoping or scope changes, solution tuning and enhancements, significant Customer interface change requests, feature requests, and significant changes to data connections and hydration requirements may be, at SWARM’s discretion, considered Professional Services that would require separate purchase.

3.4 SWARM has no obligation to provide any Support to Customer:

(a) For any service, software, or solution that has not been specified to be provided by SWARM to Customer as part of the Services;

(b) If Customer or a third party has in any way altered, modified, or damaged the Software or Services, or any portion thereof;

(c) If Customer has not used the Software in accordance with the SWARM Platform Terms & Conditions or instructions provided by SWARM;

(d) If Customer is not running a supported version of the Software or Services;

(e) Where any failure to provide any Support or any unavailability of the Services is caused by (i) factors outside of SWARM’s reasonable control, including any natural disaster, epidemic, war, acts of terrorism, riots, government action, or any other Force Majeure; (ii) any service, software, or solution not provided by SWARM, or (iii) any actions or inactions from Customer or any third party, including Customer’s breach of the Agreement;

(f) If Customer does not reasonably provide SWARM with screenshots, log files, or other proof or evidence as requested in this Support Policy or by SWARM’s support team; and/or

(g) If Customer does not have valid or active MSA or Order Form with SWARM or is delinquent with an overdue balance owed to SWARM.

Under no circumstance shall SWARM be liable to Customer for third-party services and functionality relating to or otherwise used in connection with the Software or Services.