1. Scope of Support Services

The scope of the Support provided to Customer includes general assistance and support regarding the installation of the Software and basic technical configuration of the Software, as well as developer assistance on how to use the Software.

2. Support Services Offerings

Hopsworks offers different levels of Support Services based on the Customer’s Subscription Level. These Subscription Levels are described below in Section 3 of this Support Policy. The Support provided will consist of assistance in identifying and diagnosing problems with the Software (such as error messages, bug fixes, basic “how-to” functionality questions, installations, Software Updates and Software Upgrades).  All Support Requests shall, if necessary, be prioritized according to the severity of the issue, as determined by Hopsworks.  

3. Subscription Levels

For all Support Requests, a ticket must be raised through the Hopsworks Support Portal.

The submission needs to be prior to engaging a Hopsworks resource. Once the appropriate support request is filed, the most optimal method of contact may be utilized (phone, web, email), subject to the applicable Support level.

Hopsworks will provide support for the Software covered under Subscription in accordance with the following table:

Hopsworks shall use commercially reasonable efforts to meet the relevant target response times in accordance with the table above. The time required for resolution of issues may vary depending on the specific circumstances of each problem, including, without limitation, the nature of the incident or problem, the extent and accuracy of information available about the incident or problem, and the level of Customer’s cooperation and responsiveness in providing materials, information, access and support reasonably required to achieve problem resolution.

‍4. Definitions

(i) Severity Levels

Level 1

A Level 1 issue is a major production error within the software that severely impacts the Customer's use of the software for production purposes, such as the loss of production data or where production systems are not functioning and no suitable and feasible work-around exists. Hopsworks will use continuous efforts during the SupportHours stated above for the applicable Subscription Level to provide a resolution for any Level 1 errors as soon as is commercially reasonable.

Level 2

A Level 2 issue is an error within the software where the customer's system is functioning for production purposes but in a reduced capacity, such as a problem that is causing significant impact to portions of the customer's business operations and productivity, or where the software is exposed to potential loss or interruption of service. Hopsworks will use continuous efforts during the SupportHours stated above for the applicable Subscription Level to provide a resolution for any Level 2 errors.

Level 3

A Level 3 issue is a medium-to-low impact error that involves partial and/or non-critical loss of functionality for production purposes or development purposes, such as a problem that impairs some operations but allows the customer's operations to continue to function. Errors for which there is limited or no loss or functionality or impact to the customer's operation and for which there is an easy work-around qualify as Level 3. Hopsworks will use reasonable efforts to provide a resolution for any Level 3 error in time for an upcoming release of Software.

(ii) Defined Terms 

“Business Day” means Monday through Friday, excluding any days designated as national holidays for the location shown on the order form.

“Support Contact” means a named individual who has been authorized by the Customer and confirmed by Hopsworks as provisioned in the relevant Support Subscription to contact and make use of Hopsworks Support Services. Support Contact accounts cannot be shared.

“Support Request” means a discrete question or issue presented by an authorized Support Contact through the appropriate Hopsworks Support Channel.

5. Assistance

Customer shall promptly advise Hopsworks of any error or defect with the Licensed Software covered under Maintenance and Support and shall provide reasonable assistance and cooperation to allow Hopsworks to define and resolve such error or defect. This includes providing (i) a detailed problem description; (ii) reasonable efforts to reproduce the problem; and (iii) reasonable access to authorized customer Support Contacts.

6. Customer Obligations

Customer must provide a functional Project/Application description at time of order to clearly define the Project/Application Hopsworks will be supporting. Customer is responsible for ensuring that its personnel that interact with Hopsworks have sufficient English language and technical skills, and respond to and cooperate with Hopsworks in a timely manner in connection to requests for Support Services.

As a precondition for requesting Support Services from Hopsworks, Customer agrees to (and to cause each of its Support Contacts to) use reasonable efforts to: (i) attempt to solve the problem and to utilize sufficient resources to clearly understand that a problem exists before consulting Hopsworks; (ii) provide Hopsworks with sufficient information and technical data in order for Hopsworks to establish that a potential problem is not the kind of problem that is an exclusion from the Support Services; (iii) make reasonable attempts and expend reasonable resources to provide any data reasonably requested by Hopsworks to adequately address the potential problem; (iv) utilize sufficient resources to understand the instructions from Hopsworks in addressing the problem, and make reasonable attempts to correct the problem as suggested by Hopsworks. In addition, Customer agrees and acknowledges that the extent of access and the accuracy of information and technical data provided may affect Hopsworks’ ability to provide the Support Services.

7. Exclusions

Hopsworks will have no obligation to provide Support Services to the Customer under the following conditions:

• A failure of hardware, equipment, or programs not covered by a Hopsworks Support Subscription;
• Use of software not provided by or on behalf of Hopsworks as part of a Hopsworks Subscription; Hopsworks only provides support for generally-available releases obtained via Hopsworks-designated channels;
• Use in a production environment of any release of the Software not marked or referenced as “Generally Available”;
• Use of a release of the Software that is not currently under support as defined in Section 8;
• Any cause or causes beyond the reasonable control of Hopsworks (e.g., floods, fires, loss of electricity or other utilities, or any other force majeure event), or errors arising from anything other than the Software;
• Customer‘s failure to comply with operating instructions contained in the Documentation;
• Any modification, enhancement, or customization of the Software by anyone other than Hopsworks or a party on behalf of Hopsworks;
• Installation, configuration, management, and operation of the Customer‘s applications;
• APIs, interfaces, web services, or data formats other than those included with the Software; or
• Any third-party products except to the extent that they are provided by or on behalf of Hopsworks, and then only in support of the specific interaction with or use of that is intended by Hopsworks
• Customer is not in material compliance with the terms of their applicable Support Subscription or Support Policy

8. Software Support

a) Software Versioning

Hopsworks uses semantic versioning of the Software. The format being “Major”.”Minor”.”Maintenance”

• “Major Release” means generally available Software releases that can deliver significant new features, architectural changes, enhancements and Error corrections. Backwards incompatibility may occur in Major Releases.
• “Minor Release” means generally available Software releases that can deliver new features, enhancements and Error corrections. Backwards compatibility is expected in Minor Releases, unless expressly highlighted as a breaking change in Release Notes.
• “Maintenance Release” means generally available Software releases that can deliver Error corrections. Maintenance Releases incorporate all applicable Error corrections from previous Maintenance Releases within the same Minor Release.‍

b) Software Errors

Hopsworks shall use reasonable efforts to provide corrections to Software Errors (“Software Error Correction”) in the Software in the form of patches, fixes, workarounds, Software Updates, Software Upgrades or other forms within a commercially reasonable time depending on the severity of the error, and provided Customer is entitled to Support.  Customer agrees not to attempt to correct errors in the Software while this Agreement is in effect, except under the direction of Hopsworks.

c) Software Updates and Upgrades

Hopsworks shall provide Software Updates and/or Software Upgrades to the Software which are commercially released during the term of any Subscription period for no additional license fee(s); however any installation/education or other services provided by Hopsworks will be subject to additional charges. New Software modules which are not explicitly listed in an Order Form and for which license fees are separately stated by Hopsworks are not included under this provision unless Customer has paid Subscription Fees for such additional modules.  New Software Updates and Software Upgrades may not include or accommodate customized Software.  Hopsworks shall provide support on the current release, and one prior major version of Software (“Supported Versions”).  Hopsworks shall not be obligated to provide Support for versions that are not Supported Versions or for problems or errors caused by or related to customized Software, or the addition of, or integration to, incompatible equipment/software; provided, however, that Hopsworks may, at its option, provide support therefor on a chargeable basis.  Customer acknowledges that new Software Updates and Software Upgrades are subject to the terms and conditions of this Agreement.  In the event of any termination of a Subscription, Customer shall not be entitled to any further Software Updates or Software Upgrades until Customer reinstates Support and pays any applicable reinstatement fee.