Common use of Maintenance & Support Services Clause in Contracts

Maintenance & Support Services. 2.1. Cyberbit shall provide You with Maintenance & Support Services in connection with the Product, during the Support Term. The language for all communications related to the Maintenance & Support Services shall be English. 2.2. To open a Support Ticket, You will need to register / create an account in Cyberbit’s support portal (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/support ) (the “Support Portal”) and fill in an online form in Cyberbit’s Support Portal. 2.3. Following the receipt of a Support Ticket, Cyberbit’s support team shall confirm that the Support Ticket was received and provide You with a Ticket number for reference. Cyberbit’s support team, may request You to provide technical information which is necessary to effectively handle the Support Ticket. 2.4. The Support Ticket’s severity will be determined by Cyberbit’s support team who will assess the severity of the matter for which the Support Ticket was opened based on its impact on the use of the Product. The following table defines the different classification levels: 2.5. Unless otherwise specifically stated in a Purchase Order, the Response Time to a Support Ticket shall be as follows: Four (4) Service Hours for Critical (Severity 1) Support Tickets, and next business day for High (Severity 2) and Medium (Severity 3) Support Tickets. 2.6. The Maintenance & Support Services shall be provided via remote access to the Product, and You will be responsible to enable the Cyberbit support team such remote access, including any and all information and system facilities determined necessary by Cyberbit’s support team. Without remote access, Cyberbit shall not be able to provide the Maintenance & Support Services and any delays in providing the remote access shall result in delays in the Response Times. 2.7. Cyberbit will use commercially reasonable efforts to resolve each Medium/High/Critical Severity Support Ticket including, without limitation, by providing a reasonable Workaround and/or a software update (which can be provided in the next Product Update Release), and/or a specific action plan for handling the Failure. It is hereby clarified that Cyberbit will determine, in its sole and exclusive discretion, if, how and when to handle Low Severity Supports Tickets. 2.8. Cyberbit may perform the Maintenance & Support Services by any of its Affiliates and authorized subcontractors. 2.9. Cyberbit has no obligation to provide Maintenance & Support Services in connection with Failures which occur in any version of the Product other than the Current Version or the version of Product which preceded the Current Version. 2.10. The Maintenance & Support Services shall not include, and Cyberbit shall not be responsible for or liable to correct any Failure caused by: (i) alterations, enhancements or repairs of the Product or COTS by any person or entity other than Cyberbit (or anyone on its behalf); (ii) improper storage, mishandling, abuse, or misuse of the Product or COTS, including in a manner which is not in accordance with the Documentation or the ▇▇▇▇; (iii) damage by fire, explosion, power failure, or any Force Majeure event

Maintenance & Support Services. 2.1. Cyberbit shall provide You with Maintenance & Support Services in connection with the ProductCyberbit Cloud, during the Support Term. The language for all communications related to the Maintenance & Support Services shall be English. 2.2. To open In case of a support issue that is communicated via the Support Chat is not promptly resolved, a Support Ticket, You Ticket for the said issue will need to register / create an account in Cyberbit’s support portal (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/support ) (the “Support Portal”) and fill in an online form in Cyberbit’s Support Portalbe created. 2.3. Following the receipt of a Support Ticket, Cyberbit’s support team shall confirm that the Support Ticket was received and provide You with a Support Ticket number for reference. Cyberbit’s support team, team may request You to provide technical information which is necessary to effectively handle the Support Ticket. 2.4. The Support Ticket’s severity will be determined by Cyberbit’s support team who will assess the severity of the matter for which the Support Ticket was opened based on its impact on the use of the Product. The following table defines the different classification levels:: High Severity An outage or severe issue in the Product or substantial part thereof. Medium Severity An issue that causes only a moderate impact on the use of the Product. Low Severity An anomaly in the product that does not substantially restrict the use of one or more features of the Product. 2.5. Unless otherwise specifically stated in a Purchase Order, the Response Time to a Support Ticket shall be as follows: Four (4) Support Source Response Time Support Chat Within 10 Service Minutes for issues classified as High Severity. Within 1 Service Hour for issues classified as Medium Severity. Within 24 Service Hours for Critical (Severity 1) issues classified as Low Severity. Support Tickets, and next business day Ticket Within 2 Service Hours for issues classified as High (Severity 2) and Severity. Within 4 Service Hours for issues classified as Medium (Severity 3) Support TicketsSeverity. Within 24 Service Hours for issues classified as Low Severity. 2.6. The Maintenance & Support Services shall be provided via remote access to the Product, and You will be responsible to enable the Cyberbit support team such remote access, including any and all information and system facilities determined necessary by Cyberbit’s support team. Without remote access, Cyberbit shall not be able to provide the Maintenance & Support Services and any delays in providing the remote access shall result in delays in the Response Times. 2.7. Cyberbit will use commercially reasonable efforts to resolve resolving each Medium/High/Critical High Severity Support Ticket within a reasonable period of time including, without limitation, by providing a reasonable Workaround and/or a software update (which can be provided in the next Product Update Release), and/or a specific action plan for handling the Failure. It is hereby clarified that Cyberbit will determine, in its sole and exclusive discretion, if, how how, and when to handle Low Severity Supports Tickets. 2.82.7. Cyberbit may perform the Maintenance & Support Services by any of its Affiliates and authorized subcontractors. 2.8. Cyberbit Cloud is provided as a software service solution. Therefore, Cyberbit may make changes that will not materially affect the functionality of the Cyberbit Cloud, at its sole discretion, including procedural and functionality changes, such as updating versions or adding or removing exercises without prior notice. Cyberbit reserves the right to add, amend and discontinue features and modules from time to time. 2.9. When needed, Cyberbit has no obligation will schedule a Scheduled Downtime. Cyberbit will endeavor to provide Maintenance & Support Services in connection with Failures which occur in any version schedule Scheduled Downtime outside of the Product other than the Current Version or the version of Product which preceded the Current Versionpeak traffic periods. 2.10. The Maintenance & Support Services shall not includeCyberbit guarantees a 99.5% service availability (uptime) to be measured annually, and Cyberbit shall not be responsible for or liable to correct excluding any Failure caused by: downtime that (i) alterationslasts less than 15 minutes no more than once per calendar month, enhancements or repairs of the Product or COTS by any person or entity other than Cyberbit (or anyone on its behalf); (ii) improper storageresults from a Scheduled Downtime or any other planned downtime, mishandling(iii) results from use of the Service in breach of the Terms of Use or (iv) caused by circumstances beyond Cyberbit’s reasonable control, abusesuch as (but not limited to) third-party acts, services, or misuse systems not provided by Cyberbit, network outages, power outages, usage surges, usage spikes, virus attacks, denial of service attacks, and the like (the “Uptime Commitment”). If the Uptime Commitment is not met, You will be eligible to receive service credits to be applied as described below (“Service Credits”) 2.11. Service Credits are calculated as a percentage of the Product annual price paid by the Customer for Using the Cyberbit Cloud during the year in which the unavailability occurred as follows: (annual price) x (99.5% – the annual Uptime percentage) (e.g. $10,000 x (99.5% - 95%) = $450). 2.12. Service Credits are subject to a maximum of 10% of the total price paid by the Customer under the relevant Purchase Order, per the License Year in which the failure occurred. Cyberbit will grant Service Credits only by setting if off from any payments under a renewal of the Purchase Order or COTSthe Purchase of an additional License by the Customer within one year after confirmation of the Service Credits by Cyberbit. The Customer must have an active License for Cyberbit Cloud to use a Service Credit. If not applied within that year, including in a manner which the Service Credit will automatically expire. Service Credits will not entitle the Customer to any refund or other payment from Cyberbit. Service Credits may not be transferred or assigned to any third party. The Customer’s sole and exclusive remedy for any unavailability of the Cyberbit Cloud (as guaranteed hereunder) is not the receipt of Service Credits (if eligible) in accordance with the Documentation or the ▇▇▇▇; (iii) damage by fire, explosion, power failure, or any Force Majeure eventterms of this SLA.