Last Updated: October 16, 2024

Prior versions of this YugabyteDB Aeon Support Service Terms and Conditions are available here.

These YugabyteDB Aeon Support Services Terms and Conditions (“Aeon Support Terms”) apply to your use of YugabyteDB, Inc. support services for YugabyteDB Aeon (“Aeon Support”). These Aeon Support Terms may be updated from time to time. “You” means you individually or the entity that you represent. If you are accepting these Aeon Support Terms for an entity, you represent that you have the authority to bind that entity. “Yugabyte”, “we”, or “us” means YugabyteDB, Inc., a Delaware corporation. Capitalized terms used in these Aeon Support Terms are defined throughout this document and in Section 1 (“Definitions”), below. Capitalized terms used but not defined in these Aeon Support Terms will have the same meanings given to them in the YugabyteDB Aeon Terms of Service (“Terms of Service”).

  1. DEFINITIONS. For purposes of these Aeon Support Terms, the following definitions apply:
    1. “Business Hours” means Monday to Friday (excluding Yugabyte region holidays), North America: 08:00-6:00 p.m. (local time zone).
    2. “Data Processing Addendum” means the then-current version of the YugabyteDB Aeon Data Processing Addendum.
    3. “Support Request Content” means data provided by you to Yugabyte to address a Technical Support issue. Support Request Content does not include customer account or relationship data that Yugabyte uses in connection with a Technical Support request, or data collected by Yugabyte to verify the support entitlement or to facilitate any communications.
    4. “Technical Support” means telephone, chat, or web-based technical assistance by Yugabyte to your technical contact(s) regarding your subscription to YugabyteDB Aeon, Errors and technical product problems.
    5. “Third Party Products” means any software or hardware that is manufactured by a party other than Yugabyte and is neither:
      1. delivered with YugabyteDB Aeon, nor
      2. incorporated into YugabyteDB Aeon.
  2. PROVISION OF SUPPORT SERVICES.
    1. General. Aeon Support is included with your subscription to YugabyteDB Aeon. Yugabyte shall provide Aeon Support during the Subscription Term. Upon renewal of your subscription to YugabyteDB Aeon, these Aeon Support Terms will automatically update to the then-current Aeon Support Terms.
    2. End of Support. Yugabyte may, at its discretion, decide to end availability of YugabyteDB Aeon and related Aeon Support from time to time (“End of Support”). Yugabyte has no obligation to provide Aeon Support after the End of Support for YugabyteDB Aeon. For information on Yugabyte lifecycle policies for its products, see https://docs.yugabyte.com/latest/releases/releases-overview/.
    3. Exclusions. Aeon Support does not cover problems caused by the following:
      1. use of YugabyteDB Aeon that deviates from any recommended or required operating procedures;
      2. Third Party Materials, other than the interface of YugabyteDB Aeon with the Third Party Materials;
      3. use of YugabyteDB Aeon with unsupported tools, or with APIs, interfaces or data formats other than those included with YugabyteDB Aeon and supported. You may request assistance from Yugabyte for such problems, for an additional fee;
      4. use of YugabyteDB Aeon subject to unusual external physical factors such as inclement weather conditions that cause electrical or electromagnetic stress or a failure of electric power, air conditioning or humidity control;
      5. neglect or misuse;
      6. operation of YugabyteDB Aeon with any other software, hardware, technology, data, or other materials not in accordance with the manufacturer’s specifications;
      7. causes other than ordinary use;
      8. network failures or network configurations caused by you; or
      9. lost or damaged data.
    4. Your Responsibilities Yugabyte’s obligations to provide Aeon Support is subject to the following:
      1. You agree to receive communications from Yugabyte via e-mail, telephone, web, and other formats, regarding Aeon Support (such as communications concerning support coverage, errors or other technical issues, availability of new releases of YugabyteDB Aeon or components related to YugabyteDB Aeon, release notes, recommendations and training options).
      2. Your technical contact shall cooperate to enable Yugabyte to deliver Aeon Support.
      3. As between Yugabyte and you, you are solely responsible for the use of YugabyteDB Aeon by your authorized users and must properly train your authorized users in the use and application of YugabyteDB Aeon.
      4. You must promptly report to Yugabyte all problems with YugabyteDB Aeon and must implement any corrective procedures provided by Yugabyte promptly after Yugabyte provides it.
      5. You must have dedicated resources available to work on a 24×7 basis on Severity One Errors.
    5. Updates and Upgrades
      1. Updates: Aeon Support may include updates for YugabyteDB Aeon that address security fixes, critical patches, general maintenance functionality, and documentation. Yugabyte is under no obligation to develop any future functionality or enhancements. Yugabyte may update YugabyteDB Aeon pursuant to these Aeon Support Terms and the update will automatically replace the previous version of YugabyteDB Aeon. Where practical, Yugabyte will schedule the YugabyteDB Aeon updates during non-Business Hours and will provide you with notice in advance.
    6. First Line Support & Authorized Technical Contacts
      1. Your authorized technical contacts must be knowledgeable about YugabyteDB Aeon and your technical environment in order to work with Yugabyte to analyze and resolve support requests. Your authorized technical contacts are responsible for engaging Yugabyte technical support and monitoring the resolution of all support requests and escalated support issues.
      2. You are required to establish and maintain processes as necessary to manage first line support for users of YugabyteDB Aeon within your organization. If after reasonable efforts you are unable to diagnose or resolve the error(s), your authorized technical contact(s) may contact Yugabyte for technical support via phone or web and assign the correct Severity level as defined in Section 2.13, below.
      3. The contact information of authorized technical contacts must be provided on an individual basis (i.e., each technical contact) and must not be a group alias.
    7. Technical Support and Support Requests
      1. In connection with the provision of Technical Support, Yugabyte may access your tenant environment within YugabyteDB Aeon to collect the necessary logs or validate your settings to respond to your support request. Yugabyte will also use data generated in connection with your use of YugabyteDB Aeon to provide Technical Support.
      2. To the extent Yugabyte does not have access to any of your environments, you may upload or provide Support Request Content to Yugabyte, such as log files, screenshots, and core Yugabyte relating to or generated in connection with your infrastructure to assist Yugabyte in providing Technical Support.
      3. You are solely responsible for taking steps necessary to protect any sensitive or confidential information included in Support Request Content including passwords, cryptographic keys, or Personal Data. Those steps may include obfuscating or removing such information or otherwise working with Yugabyte at the time of submission to limit the disclosure of such information.
    8. Requesting Support Services
      Support Services are requested by submitting a support case by:

      1. Reporting the issue using Yugabyte’s online support system https://support.yugabyte.com (“Support Portal”);
      2. Sending email to support@yugabyte.com (only from email addresses that are pre-registered in Yugabyte’s Aeon Support system);
      3. You will: (i) provide Yugabyte with reasonable detail of the nature of and circumstances surrounding the error, and (ii) provide Yugabyte with reasonable access to your environment as necessary to enable Yugabyte to provide Aeon Support.
    9. Restricted Support Request Content
      You must not submit any Support Request Content to Yugabyte that:

      1. You do not have the right to provide to Yugabyte;
      2. Constitutes information that is regulated by the Health Insurance Portability and Accountability Act, as amended and supplemented, and the regulations thereunder (collectively, “HIPAA”), or any similar federal, state, or local laws, rules, or regulations;
      3. Contains financial account or payment information of an individual, government issued IDs, or other sensitive individually identifying information;
      4. Is regulated by law or regulation without complying with the applicable laws or regulations. If you submit any Support Request Content in contravention of this Section 2, then you are solely responsible for the consequences of that submission.
    10. Personal Data: To the extent you provide Personal Data (as defined in the Data Processing Addendum) to Yugabyte as part of the Support Request Content, Yugabyte will process the Personal Data in accordance with the YugabyteDB Aeon Data Processing Addendum.
    11. Use of Support Request Content: Yugabyte may review and analyze Support Request Content to address a Technical Support request. Yugabyte may use the results of that review and analysis, in combination with:
      1. Data Yugabyte collects from you regarding your use of YugabyteDB Aeon (such as configuration, performance, and usage data); and
      2. Information Yugabyte maintains about your account, to provide support to Yugabyte customers, and to improve Yugabyte products, services, and user experiences.
    12. Disclosure of Support Request Content: If Yugabyte is required by a subpoena, court order, agency action, or any other legal or regulatory requirement to disclose any Support Request Content, Yugabyte will provide you with notice and a copy of the demand, as soon as practicable, unless Yugabyte is prohibited from doing so pursuant to applicable law or regulation. If you request, Yugabyte will, at your expense, take reasonable steps to contest and to limit the scope of any required disclosure.
    13. Severity Levels & Response Times: “Severity” is a measure of the relative impact an error has on the use of YugabyteDB Aeon, as determined by Yugabyte, and assigned by Yugabyte and you when opening an Aeon Support request. Response times depend on the severity level and the complexity of the error. Error severity levels may be re-evaluated upon availability of a workaround. The Yugabyte Technical Support Engineer will use commercially reasonable efforts to respond within the Target Response Time to a case based on the Severity Level. Note that target response times are not in any way a target or guarantee of full resolution time. The following Severity levels apply to YugabyteDB Aeon:
      SeverityTarget Response Time – Availability Zone Level Fault Tolerant Clusters (Minimum 3 Nodes Deployed Across 3 or More Availability Zones)Target Response Time – Node Level Fault Tolerant Clusters (Minimum 3 Nodes Deployed in a Single Availability Zone)Target Response Time – Non-Fault Tolerant Cluster (Single Node Deployment)
      Severity One1 hour after submitting a case through the Support Portal.
      Yugabyte will use continuous efforts on a 24×7 basis to provide a resolution for any such problem as soon as is commercially reasonable.
      You are advised to log a case via the Support Portal.      		2 hours after submitting a case through the Support Portal.
      Yugabyte will use continuous efforts on a 24×7 basis to provide a resolution for any such problem as soon as is commercially reasonable.
      You are advised to log a case via the Support Portal.      		Not applicable for single node deployment
      Severity Two4 Business Hours after submitting a case through the Support Portal.
      Yugabyte will work during its normal hours of operation to provide a resolution for any such errors as soon as is commercially reasonable.
      You are advised to log a case via the Support Portal.      		4 Business Hours after submitting a case through the Support Portal.
      Yugabyte will work during its normal hours of operation to provide a resolution for any such errors as soon as is commercially reasonable.
      You are advised to log a case via the Support Portal.      		8 Business Hours after submitting a case through the Support Portal.
      Yugabyte will work during its normal hours of operation to provide a resolution for any such errors as soon as is commercially reasonable.
      You are advised to log a case via the Support Portal.
      Severity Three8 Business Hours
      Yugabyte will use commercially reasonable efforts during Business Hours to provide a resolution for any such error.      		8 Business Hours
      Yugabyte will use commercially reasonable efforts during Business Hours to provide a resolution for any such error.      		Next Business Day
      Yugabyte will use commercially reasonable efforts during Business Hours to provide a resolution for any such error.
      Severity FourNext Business Day
      Yugabyte will use commercially reasonable efforts during its normal hours of operation to respond to this request.      		Next Business Day
      Yugabyte will use commercially reasonable efforts during its normal hours of operation to respond to this request.      		Next Business Day
      Yugabyte will use commercially reasonable efforts during its normal hours of operation to respond to this request.
    14. Upgrade/Downgrade of Severity Level. You must ensure that the assignment and adjustment of any Severity level designation is accurate based on the current impact on the production operation of YugabyteDB Aeon. You acknowledge that Yugabyte is not responsible for any failure to meet performance standards caused by your misuse or mis-assignment of Severity level designations. If, during the support request process, the issue warrants assignment of a higher Severity level than currently assigned or no longer warrants the Severity level currently assigned, you and Yugabyte will adjust the Severity level to the appropriate level. In requesting any assignment of a higher Severity level, Yugabyte may request that you provide additional information that demonstrates the increased impact of the issue.
  3. WARRANTY, LIMITATION OF LIABILITY, AND TERMINATION
    1. Limited Warranty; Remedy. Yugabyte warrants that Aeon Support will be performed in a workmanlike manner and will conform to industry standards. If you provide Yugabyte with a reasonably detailed written notice of an alleged nonconformance, Yugabyte will use reasonable efforts to re-perform the affected Aeon Support services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY IS GIVEN EXPRESSLY IN PLACE OF ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND YUGABYTE’S STATED OBLIGATION AS SET FORTH IN THIS SECTION 3.1 IS YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO NON-CONFORMANCE OF ANY CLOUD SUPPORT SERVICES.
    2. Limitation of Liability.
      1. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YUGABYTE WILL NOT BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING FROM ITS PERFORMANCE OR NON-PERFORMANCE UNDER THESE CLOUD SUPPORT TERMS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO CUSTOMERS IN THOSE JURISDICTIONS.
      2. Cap on Monetary Liability. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL YUGABYTE’S AGGREGATE LIABILITY UNDER THESE CLOUD SUPPORT TERMS EXCEED USD $100.00.
      3. Termination of Services. Yugabyte may terminate all Aeon Support services at any time if (a) you are in breach of the YugabyteDB Aeon Terms of Service, or (b) you are in material breach of these Aeon Support Terms.
  4. MISCELLANEOUS.
    1. Transfer; Assignment. You may not assign or delegate your rights and obligations under these Aeon Support Terms to any third party without Yugabyte’s prior written consent.
    2. Governing Law.These Aeon Support Terms are governed by the laws of the State of California and the federal laws of the United States. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
    3. Entire Agreement. These Aeon Support Terms, the Data Processing Addendum, the applicable Order, and the Terms of Service, together constitute the entire agreement of the parties with respect to provision of Aeon Support services by Yugabyte to you, and supersedes all prior written or oral communications, understandings, and agreements.
    4. Customer Forms. No terms of any purchase order or other business form that you may use to purchase an entitlement to Yugabyte will affect the obligations of the parties under these Aeon Support Terms, and any purchase order or other business form which contains additional or conflicting terms is hereby rejected by Yugabyte. You agree that purchase orders issued by you to purchase an entitlement to YugabyteDB Aeon do not have to be signed by you to be valid and enforceable.
    5. Amendment; Waiver. Any amendment to or waiver of the provisions of these Aeon Support Terms must be in writing signed by both parties to be effective.
    6. Severability. If any provision of these Aeon Support Terms is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law.
    7. Language. The English language versions of these Aeon Support Terms is the governing version, and any translation into languages other than English is for convenience only.
    8. Survival. Any provision of these Aeon Support Terms that, by its nature and context is intended to survive, including provisions relating to payment of outstanding fees, confidentiality, warranties, and limitation of liability, will survive termination of these Aeon Support Terms. The Data Processing Addendum will continue to be effective to the extent Yugabyte continues to process Personal Data after termination of these Aeon Support Terms.
    9. Use of Third Parties. Yugabyte may deliver Aeon Support with the assistance of our affiliates or suppliers.