This Support Policy and Service Level Agreement (this “Support Policy”) describes the policies and procedures under which Massive provides support and maintenance services (“Support Services”) to its customers. The Support Services provided hereunder are provided to Customer pursuant to the Agreement and the applicable Order Form entered into by and between Massive and Customer. Support Services commence on the first day of the Subscription Term and end upon the expiration or termination of the Subscription Term under the applicable Order Form (the “Support Period”). Massive is not obligated to provide Support Services beyond the end of the Support Period. This Support Policy is subject to change at Massive’s discretion; however, any policy changes will not result in a material reduction in the level of support services provided during the period for which Fees for the applicable Services have been paid. Capitalized terms not otherwise defined in this Support Policy have the meanings given in the Agreement or the Order Form.
1. Definitions
Unless otherwise defined in this Support Policy, the capitalized terms used herein are defined in this Section 1.
“Uptime” means the availability of the applicable Service Feature at least 99.8% of the time, as measured on a monthly calendar basis, excluding the Excused Events.
“Downtime” means a period of time where either (a) the error rate exceeds five percent (5%) in a given minute for any Service Feature or (b) the period of time the applicable Services was unavailable as determined by a combination of Massive’s internal and external monitoring systems.
“ETA” means the estimated length of time it will take to address the Incident via deployment of mitigation procedures.
“Incident” means any incorrect functioning of a Service Feature which results in the failure of the Service Feature to operate in full compliance with the standards set out in the Agreement.
“Service Feature” means the list of Services that Customer is a subscriber of or a user of as specified in an Order Form.
“Support Request” means any support ticket reporting an Incident to Massive via an appropriate methodology of submission, as discussed herein.
“Unavailable” or “Unavailability” means that all or the majority of the requests for the Services are constantly timing out or failing with a server-side error code. For greater certainty, there shall be no Unavailability as a result of (a) a failure of the Customer to correctly configure the Services in accordance with the Documentation and/or Massive’s instructions; (b) Customer’s continued use of any portion of the Services that has been deprecated by Massive; (c) the unavailability of a specific web page; or (d) the unavailability of one or more specific features while other key features remain available.
2. Status Page
Massive will maintain a status page at https://massive.com/system (the “Status Page”) to provide up-to-date information regarding current operational status as well as report when a core piece of Massive functionality experiences significant performance degradation that impacts a large number of customers.
3. Support Requests and Incident Response
(a) Massive will provide customer support services, as available, during its normal business hours (typically 9:00am – 5:00pm Eastern Time, Monday through Friday, excluding holidays). Prior to making a Support Request, Customer shall leverage available Documentation, which is often the quickest way to find answers to, to investigate, and to address any Incident without escalation to Massive. If Customer isn’t able to identify a solution using available tools and Documentation, Customer shall reach out to Massive by emailing support@massive.com or by contacting Massive support through an online contact form or through live chat on the Massive website, which Massive will make available within the Services. When making a Support Request, Customer shall provide requested diagnostic information including, but not limited to: (i) describing the Incident and the configuration; (ii) providing relevant data; and (iii) communicating further via email or telephone to answer questions and assist the Massive technical team as appropriate.
(b) Massive will, in good faith, internally assign a severity level for an Incident using the below chart.
| Severity | Description |
|---|---|
| 1 | Critical production issue affecting all users, including system unavailability, with no workaround available. |
| 2 | Issue is persistent, affects many users and/or impacts core functionality, or results in significant performance degradation with no reasonable workaround available. |
| 3 | General inquiries on the use of the application; Cosmetic errors or incidents which otherwise do not require immediate attention; Rare errors that appear during unusual conditions or are otherwise unlikely in normal use; Errors which have a sustainable workaround; or Errors in functionality within the application, often accompanied by workarounds or affecting some but not all users. |
4. Services Levels
(a) Massive has established any Service Feature such that it will meet the Uptime. The Uptime will be calculated as follows:
Uptime = ((T – (D - EE)) / T) x 100%
T = total number of minutes in a calendar month
EE = total number of minutes that an Excused Event took place
D = total number of minutes of Downtime
(b) If Massive fails to achieve the Uptime, then the Customer shall be granted service credits in compensation for the same (“Service Credits”), as detailed below, which shall be Customer’s exclusive remedy. The value of Service Credits is calculated as a percentage of the pro rata monthly charges paid by the Customer to Massive for Services under the applicable Order Form, in accordance with the schedule below.
| Availability Percentage | Service Credit Percentage |
|---|---|
| Greater than or equal to 99.8% | 0.0% |
| Less than 99.8% but greater than or equal to 99.0% | 10.0% |
| Less than 99.0% | 25.0% |
(c) Massive will apply Service Credits to Customer’s account. In the event there are no further Fees owing under the Agreement, Massive shall issue Customer a refund within 60 days.
(d) In the event the Uptime falls below ninety percent (90%) during any given month of the Subscription Term, Customer may terminate the Agreement without penalty upon written notice to Massive within thirty (30) days after the end of such month and, in addition to the remedies available under this Section, receive a pro-rata refund of any prepaid but unused Fees under the Agreement and applicable Order Form.
5. Request for Service Credit
Within thirty (30) days after the end of each month in which Customer believes that it is due a Service Credit, Customer will send a request to support@massive.com (a) indicating that it is due a Service Credit and (b) that Massive provide an analysis of the length of time the Services was available during the prior month and the Service Credit due to Customer, along with any reasonable information to substantiate the period of availability. If Customer disputes the Service Credit, Customer and Massive will meet and in good faith determine the amount of such Service Credit. If Customer does not request a Service Credit within such thirty (30) day period, Customer may not request a Service Credit for such month.
6. Excused Events
This Support Policy shall not apply to Excused Events. As used herein, “Excused Events” means any Unavailability that is due to:
(a) Factors outside of Massive’s control, including, but not limited to a Force Majeure Event as set forth in the Terms or the unavailability or downtime of a Third-Party Provider;
(b) Emergency downtime. With respect to emergency downtime, Massive shall provide Customer with as much notice as practical under the circumstances. Massive shall make commercially reasonable efforts to schedule emergency downtime in off peak hours (based on relevant financial market hours);
(c) Planned facility and equipment upgrades and migration, which are scheduled in advance;
(d) Customer’s failure to perform a reasonable request that is necessary for Massive to perform the Support Services including, without limitation, operation and maintenance of the necessary Customer networks, desktops and any Customer premises equipment and systems required to facilitate Massive’s ability to perform its obligations under the Agreement;
(e) Failure of Customer’s equipment or the use of the Services outside of the Documentation or training parameters provided by Massive; or
(f) Unavailability occurring during periods of testing, development, or problem diagnosis which are scheduled in advance by Massive.
7. Modification
Massive reserves the right to update or modify this Support Policy at any time in its sole discretion. Any such updates or modifications will be effective upon posting to Massive’s website or upon other notice to Customer. Notwithstanding the foregoing, any modifications will not materially reduce the level of support services provided during any period for which Customer has prepaid Fees for the applicable Services.