YugabyteDB Managed Support Services Terms and Conditions

Last Updated: September 8, 2021

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

1. DEFINITIONS. For purposes of these Cloud 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 Yugabyte 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 Managed, 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 (i) delivered with YugabyteDB Managed, nor (ii) incorporated into YugabyteDB Managed.
2. PROVISION OF SUPPORT SERVICES.
   1. General. Cloud Support is included with your subscription to YugabyteDB Managed. Yugabyte shall provide Cloud Support during the Subscription Term. Upon renewal of your subscription to YugabyteDB Managed, these Cloud Support Terms will automatically update to the then-current Cloud Support Terms.
   2. End of Support. Yugabyte may, at its discretion, decide to end availability of YugabyteDB Managed and related Cloud Support from time to time (“End of Support”). Yugabyte has no obligation to provide Cloud Support after the End of Support for YugabyteDB Managed. For information on Yugabyte lifecycle policies for its products, see https://docs.yugabyte.com/latest/releases/releases-overview/.
   3. Exclusions. Cloud Support does not cover problems caused by the following:
      1. use of YugabyteDB Managed that deviates from any recommended or required operating procedures;
      2. Third Party Materials, other than the interface of YugabyteDB Managed with the Third Party Materials;
      3. use of YugabyteDB Managed with unsupported tools, or with APIs, interfaces or data formats other than those included with YugabyteDB Managed and supported. You may request assistance from Yugabyte for such problems, for an additional fee;
      4. use of YugabyteDB Managed 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 Managed 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 Cloud Support is subject to the following:
      1. You agree to receive communications from Yugabyte via e-mail, telephone, web, and other formats, regarding Cloud Support (such as communications concerning support coverage, errors or other technical issues, availability of new releases of YugabyteDB Managed or components related to YugabyteDB Managed, release notes, recommendations and training options).
      2. Your technical contact shall cooperate to enable Yugabyte to deliver Cloud Support.
      3. As between Yugabyte and you, you are solely responsible for the use of YugabyteDB Managed by your authorized users and must properly train your authorized users in the use and application of YugabyteDB Managed.
      4. You must promptly report to Yugabyte all problems with YugabyteDB Managed 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. Cloud Support may include updates for YugabyteDB Managed 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 Managed pursuant to these Cloud Support Terms and the update will automatically replace the previous version of YugabyteDB Managed. Where practical, Yugabyte will schedule the YugabyteDB Managed 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 Managed 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. You are required to establish and maintain processes as necessary to manage first line support for users of YugabyteDB Managed 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. 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 Managed 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 Managed to provide Technical Support. 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. 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 Cloud 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 Cloud Support.
   9. Restricted Support Request Content. You must not submit any Support Request Content to Yugabyte that: (a) you do not have the right to provide to Yugabyte; (b) 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; (c) contains financial account or payment information of an individual, government issued IDs, or other sensitive individually identifying information; or (d) 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 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 (i) data Yugabyte collects from you regarding your use of YugabyteDB Managed (such as configuration, performance, and usage data) and (ii) 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 Managed, as determined by Yugabyte, and assigned by Yugabyte and you when opening a Cloud 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 Managed:
       

       Severity	Target 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 One means your production server or other mission critical system(s) are down and no workaround is immediately available and (i) all or a substantial portion of your mission critical data is at a significant risk of loss or corruption; (ii) you have had a substantial loss of service; or (iii) your business operations have been severely disrupted.	1 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 Two means that major functionality is severely impaired such that (i) operations can continue in a restricted fashion, although long-term productivity might be adversely affected; (ii) a major milestone is at risk; ongoing and incremental installations are affected; or (iii) only a temporary workaround is available.	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	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 Three means a partial, non-critical loss of functionality of YugabyteDB Managed such that: (i) the operation of some component(s) is impaired but allows the user to continue using YugabyteDB Managed; or (ii) initial installation milestones are at minimal risk.	8 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 Four means general usage questions and cosmetic issues, including errors in the YugabyteDB Managed documentation, inquiry regarding a routine technical issue, information requested on application capabilities, navigation, installation or configuration; or bug affecting a small number of users.	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	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 Managed. 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 Cloud 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 Cloud 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 Cloud Support services at any time if (a) you are in breach of the YugabyteDB Managed Terms of Service, or (b) you are in material breach of these Cloud Support Terms.
4. MISCELLANEOUS.
   1. Transfer; Assignment. You may not assign or delegate your rights and obligations under these Cloud Support Terms to any third party without Yugabyte’s prior written consent.
   2. Governing Law.These Cloud 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 Cloud 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 Cloud 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 Cloud 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 Managed 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 Cloud Support Terms must be in writing signed by both parties to be effective.
   6. Severability. If any provision of these Cloud 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 Cloud Support Terms is the governing version, and any translation into languages other than English is for convenience only.
   8. Survival. Any provision of these Cloud 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 Cloud Support Terms. The Data Processing Addendum will continue to be effective to the extent Yugabyte continues to process Personal Data after termination of these Cloud Support Terms.
   9. Use of Third Parties. Yugabyte may deliver Cloud Support with the assistance of our affiliates or suppliers.