Software Support and Maintenance Plan
1. General
The Software Support and Maintenance (“SSM”) plan is offered to Subscriber with a purchased Mindbridge license. SSM provides access to MindBridge’s generally available Software Support and Technical Support channels provided by MindBridge to Subscriber during the Service Hours identified below. No SSM is offered upon expiry of the associated license.
2. Definitions
“Incident” means an unplanned interruption to the Software; an error, flaw or fault in the Software that causes it to produce an incorrect or unexpected result, or to behave in unintended ways that cause disruption in the benefits of the license(s) granted under the Order Form. An Incident shall include configuration failure(s) of an item that impacts data ingestion and the processing of data in the Software.
“Named Support Users” means those personnel employed by the licensee whom have been selected for substantial involvement in a cooperative capacity as it relates to this Agreement, whose positions are essential to the successful implementation, maintenance, and communication both internally among licensees employee’s and MindBridge’s employees.
“Order Form” means the written agreement between MindBridge and the Subscriber that defines the commercial terms and conditions under which access to the Software is being made available from MindBridge to the Subscriber, including the Terms of Use. For clarity, as defined in the Terms of Use, the Order Form does not transfer the ownership of the Software to the Subscriber.
“Priority Level” means the classification of an Incident based on its relevant business impact and Priority levels.
“Scheduled Maintenance” means any planned outage of the Software, scheduled in advance, for a purpose such as software upgrades, hardware or network maintenance or equipment updates.
“Service Request” means a formal request from a Subscriber (pursuant to the terms of the SSM) for information or advice for something to be provided, including Software training and feature requests.
“Software” or “Application” (as defined in the Terms of Use) means the MindBridge anomaly detection application that performs a quantitative risk-based analysis on datasets, including but not limited to financial datasets.
“Software Support” means the after-sales production Software support services provided by MindBridge related to possible Incident fixes on the then supported Software. If Subscriber is using a previous version of the Software in an on-premise deployment (“Installed Application” as defined in the Terms of Use), MindBridge will only suggest workarounds, if those are possible; otherwise Subscriber should upgrade to the current version of the Software and be provided with the included fix. For the avoidance of doubt, and in regard to those Subscribers utilizing the Installed Application, MindBridge reserves the right to charge a service fee as it relates to the Software Support as detailed in this Section.
“Software Updates” are periodic updates that may be made by MindBridge to its Software to correct Incidents, extend or add new features or functionality, or improve performance. “Incidents” raised by Customer may be cured by subsequent Software Updates.
“Subscriber” as defined in Terms of Use means MindBridge customers and the persons to whom they give “staff” or “advisor” access to their MindBridge account.
“Technical Support” means providing Named Support Users with:
- Explanation of Software features
- Answers to questions about: installation, activation, licensing, general Software usage
- Reproducing problems that may be a Incident. Providing workarounds for known Incidents
- Recommendations for process improvement and best practices.
“Terms of Use” means the means the MindBridge terms of use posted at www.mindbridge.ai/terms-of-use, as such terms may change from time to time.
“Term” has the meaning provided in the respective Order Form.
3. Terms and Conditions
3.1. General
Provided Subscriber’s SSM has not expired, MindBridge will provide “Technical Support” and “Software Support” directly to Subscriber. To obtain Support for an Incident, Subscriber shall first provide detailed information concerning such Incident. It is at MindBridge’s discretion to determine whether a Subscriber should provide detailed information on a reported Incident through in product-chat or through the Customer Support Portal found at http://support.mindbridge.ai.
3.2. Named Support Users
Subscriber is expected to train key personnel on the Software and assign such personnel to provide first line support to Subscriber’s internal users. MindBridge will provide second level support to the above-mentioned trained Named Support Users, who will act as MindBridge’s sole point of contact for all support requests and will assist MindBridge is identifying and correcting Incidents.
- At the time of any interaction reporting an Incident, provide reasonably requested information (including, by way of example, data files, configuration files etc.) and, to the extent it is practical and commercially reasonable to do so, a reproducible instance of the issue;
- Prior to reporting any Incident, where reasonably possible, perform preliminary troubleshooting or diagnostics to assist confirming that the Incident relates to the Software; and
- In the event of the need for MindBridge to provide remote Maintenance and Support Services, for Installed Application deployment, Subscriber to provide reasonable access to relevant infrastructure during weekday standard business hours Monday – Friday, 9am – 5pm Eastern (“Business Hours”).
3.3. Service Hours
Support Services by MindBridge will be provided during the hours set forth below via chat, phone, or ticket logged online during weekdays (Monday to Friday) 9am – 8pm, Eastern time (“Service Hours”). For the avoidance of doubt, response from MindBridge during Service Hours and outside of Business Hours may be restricted to logging and prioritizing the Incident or Service Request. Correspondence will be in English.
3.4. Incident Response
Priority Levels shall be determined in accordance with the classifications and descriptions as set out below:
PRIORITY LEVEL | DESCRIPTION |
|---|---|
Incident | |
Priority 1 – Critical | MindBridge platform is unavailable or data integrity issues affecting all users. Critical functionality not available, including configuration errors impacting data ingestion and data processing. There is no known workaround. |
Priority 2 – Significant | MindBridge platform performance is severely affected for most users. The software may be operating but is severely restricted. There is a workaround, but it is not reasonable in the long term. |
Priority 3 – Minimal | Incident affecting a limited number of users. Product features unavailable but a reasonable workaround exists, and the majority of software functions are still useable. Minor loss of operational functionality. |
Service Request | |
Priority 4 – Minor | Request from a Subscriber for information or advice including Software training and feature requests. |
MindBridge will use commercially reasonable efforts to respond to all incidents in accordance with the guidelines as set forth below during Service Hours unless otherwise indicated.
PRIORITY LEVEL | Essential, Professional & Professional Plus | ENTERPRISE |
|---|---|---|
Incident | ||
Priority 1 – Critical | Within sixty (60) minutes | Within thirty (30) minutes 24hrs/day x 7 days/week |
Priority 2 – Significant | Within four (4) hours | Within sixty (60) minutes |
Priority 3 – Minimal | Within twenty-four (24) hours | Within eight (8) hours |
Service Request | ||
Priority 4 – Minor | Within forty-eight (48) hours | Within twenty-four (24) hours |
3.5. Suspension of SSM
MindBridge has the right to stop providing services under this SSM and not respond to Support emails:
(a) immediately upon written notice to Subscriber in the event Subscriber breaches or terminates any associated Order Form,
(b) immediately upon the date on which Subscriber ceases being covered by SSM for any reason, including without limitation failure to pay the required Software Subscription.
SSM can only be made available only when a Software license is purchased and renewed by the Subscriber in whole as per the terms and conditions of the Order Form.
4. Continued Operations
MindBridge’s cloud-based Software is hosted on geographically separated primary and secondary infrastructures in each of Canada, the United States, Europe and Australia. The primary infrastructure in each geography is backed-up in near real-time with its corresponding secondary infrastructure to reliably maintain continued operations of the MindBridge service.
Check service status here.
5. Protecting your data
MindBridge develops and deploys its service with a strict adherence and ongoing compliance to data security. Our customers entrust sensitive data to us and it is our obligation to uphold that trust. Security remains a focus and is addressed through our development processes, our infrastructure and in our operations.
We apply industry standards and best practices to go beyond compliance and achieve security excellence. Learn more of MindBridge’s security program here.
