Maintenance and Support Guidelines
DEFINITIONS
1.1. “Error(s)” means a reproducible defect, problem, logical error or bug in the SC Software and/or SC SaaS Services that constitutes a failure to comply materially with the applicable Documentation or specification.
1.2. “Maintenance and Support Services” means support and maintenance for the SC Software and/or SC SaaS Services as described herein.
1.3. “Support Term” means the term during which Maintenance and Support Services are provided to Customer for the SC Software and/or SC SaaS Services. Unless otherwise specified in an Order, the Support Term will be the same as the License Term for the applicable SC Software and/or SC SaaS Services.
1.4. “Update” means any code in any form, provided by SparkCognition, where such code is a bug fix, patch, error correction, or minor functionality additions or changes to the SC Software, as identified by a change in the version number to the right of the decimal point.
1.5. “Upgrade” means any code in any form, related to the SC Software, where such code provides substantial added functionality or enhancements, as identified by a change in the version number to the left of the decimal point.
TERM OF SUPPORT OBLIGATIONS
SparkCognition will provide Maintenance and Support Services set forth herein to Customer for each applicable Support Term.
CLASSIFICATION
The table below sets forth the methodology utilized by SparkCognition in triaging, evaluating, and addressing Customer and User problems related to the functionality of the SC Software and/or SC SaaS Services. Classification will be determined at SparkCognition’s sole discretion based on a variety of factors, including input obtained from the Customer and User.
| Classification | Criteria |
| Urgent | Urgent Problem affects time-critical applications with production work substantially degraded. SC Software is completely unusable, and no known workaround is currently available. The affected system is a necessary component of the Customer’s production process. |
| High | SC Software is significantly impaired such that the Customer’s key business processes are impaired. There might be a work around available, but workaround impacts Customer’s business. |
| Normal | SC Software not functioning as designed; however, key business processes are not interrupted and there is minimal impact to the Customer’s ability to use the SC Software for production purposes. |
| Low | SC Software is functional; query relates to proposed feature enhancement. |
RESPONSE EXPECTATIONS
In the event that Customer believes there is an Error in the SC Software and/or SC SaaS Services, Customer will communicate a reasonable description of the Error to SparkCognition’s support team. SparkCognition will acknowledge the notice with a ticket number (“ticket”) and assign appropriate resources to respond to the report as specified in the above response expectation table. The following response table specifies response targets that will be assigned to a Customer reported Error, based on the severity classification assigned to the report. SparkCognition will use commercially reasonable efforts to respond to Customer reported Errors in the estimated time frames set forth below.
| Classification | Response Time |
| Urgent | One-hour response between 8:00 AM and 5:00 PM Central Time Zone, Monday – Friday |
| High | Four-to-six hour response time between 8:00 AM and 5:00 PM Central Time Zone, Monday – Friday |
| Normal | Response by next business day |
| Low | Response within two business days |
Web and Email Support
Customer may contact SparkCognition support using the following methods:
Self Service Support Portal (Preferred method)
- Web-based support ticket system that allows Customer to submit cases online, update existing tickets, and track case status 24/7/365
- Provides access to SparkCognition’s knowledge base, which can be used on a self-service basis
- Currently, this support and ticket reporting is available at: https://www.sparkcognition.com/support/
- SparkCognition support may be contacted by sending a detailed email to customer_support@sparkcognition.com
- Cases and questions may be submitted by email; however, the response times set forth above do not apply.
SUPPORTED SOFTWARE ERROR CORRECTION
Customer may document and report all suspected Errors in the SC Software and/or SC SaaS Services to SparkCognition’s case tracking system, or via phone or email, and must be available to participate with SparkCognition in its investigation. SparkCognition will acknowledge the notice with a ticket number and make commercially reasonable efforts to assign appropriate resources to resolve the problem or provide a workaround. Customer can use their ticket number to track the status of any confirmed Error or malfunction in the SC Software and/or SC SaaS Services. In the event that a confirmed Error is discovered in the SC Software and/or SC SaaS Services, Customer must provide a reasonable description of the Error to SparkCognition’s support team so that SparkCognition may classify the Error accordingly. Failure of Customer to respond to SparkCognition requests for a period of five business days may result in the support ticket being closed. Customer may create a new ticket at any time.
LIMITATIONS
SparkCognition is not required to resolve Errors or issues related to: (a) errors in Customer’s own products, User products or software, or third party products that are not due to Errors in the SC Software and/or SC SaaS Services, (b) service necessary due to accident, catastrophe, or negligence of Customer, or due to operator error, improper use of the SC Software and/or SC SaaS Services or attempted support by unauthorized persons; (c) causes external to the SC Software and/or SC SaaS Services, including faulty electrical power, hardware failure, or use of the SC Software and/or SC SaaS Services with hardware or software not supplied or recommended by SparkCognition; (d) Customer’s failure to implement corrections, bug fixes, Updates or Upgrades supplied by SparkCognition which would correct the Error and were previously supplied to Customer by SparkCognition, or (e) modifications to the SC Software and/or SC SaaS Services made by or on behalf of Customer, or to any modifications made by any third party without SparkCognition’s express written authorization. Support Services do not include on-site support, system design and consulting (redesigning, reprogramming, or reconfiguring Customer’s network), software development, project management, facility management, user training, or support for incompatible products or third party suppliers’ products.
MAINTENANCE
As part of basic Maintenance and Support Services, SparkCognition will provide Customer access to all generally available Updates and Upgrades to the SC Software and/or SC SaaS Services that are released during the Support Term. SparkCognition will provide to Customer copies of all Updates, Upgrades and related documentation when SparkCognition makes such Updates and Upgrades generally commercially available to licensees of the SC Software and/or SC SaaS Services under Maintenance and Support Services. Customer is responsible for making such Updates and Upgrades available to its Users.