1. If Diffblue and Customer have entered into a separate written support agreement (“Support Agreement”) incorporating these Diffblue Support and Maintenance Terms & Conditions (“Support Terms”), then these Support Terms govern the delivery of Support Services provided by Diffblue to Customer.
  2. Definitions
    1. “Maintenance Services” means the bug fixes to correct issues affecting the functionality, reliability, stability, availability or security of Supported Products.
    2. “Standard Business Hours” means 8 AM until 6 PM from Monday to Friday in a timezone designated by the Customer in an Order Form, Support Agreement or Subscription Agreement. Any single time zone can be designated.
    3. “Supported Products” means the Products identified as Supported Products on an Order Form.
    4. “Support Services” are defined as Diffblue’s response to Customer requests for diagnosis and resolution of issues with Diffblue’s Products, and to Customer questions regarding Diffblue’s Products or features. Diffblue’s obligations to provide the Support Services as set forth in these Support Terms depends on the applicable Support Level (e.g., Standard or Enterprise) specified on the Customer’s Order Form.
  3. Support Levels and Response Times
    1. All Customer requests for Support Services (“Support Request”) by Customer will be logged, after which Diffblue will perform an initial diagnosis and determine as far as reasonably practical the source of any problem which may have led to the Support Request.
    2. For Support Requests that are logged during non-standard hours, all response times shall commence at the beginning of the next business day.
    3. The below table defines Support Request Priority Levels and the Guaranteed Response Times for the applicable Priority and Support Level for Support Requests. These Committed Response Times apply only to Support Levels Defined as including Committed Response Times.
  4. Support Request Priority Levels and Response Times
      Evaluation Support Level Standard Support Level Enterprise Support Level
    Hours of coverage As available Standard business hours

    7am - 8pm
    UK Business Days

    Support channel Web & Email Web & Email Web & Email
    Number of Cases Unlimited Unlimited Unlimited
    Guaranteed Response times No guaranteed response Initial and ongoing response Initial and ongoing response
    Severity 1 Best efforts 4 business hours 2 hours
    Severity 2 Best efforts 4 business hours 4 business hours
    Severity 3 Best efforts 8 business hours 8 business hours
    Severity 4 Best efforts 2 business days 2 business days

    To provide Customer support, Customer must identify a dedicated point of contact who will be available to Diffblue until the Support Request is resolved.

  5. Severity Levels Defined
    Severity 1 (Urgent) Proven error of the Product in a production environment. The Product software is unusable, halts, crashes, or is inaccessible, resulting in a critical impact on the operation. No workaround is available.
    Severity 2 (High) The Product will operate but due to an Error in a production environment, its operation is severely restricted. No workaround is available.
    Severity 3 (Normal) The Product will operate with limitations due to an Error in a production environment that is not critical to the overall operation. For example, a workaround forces a user and/or a systems operator to use a time-consuming procedure to operate the system, or removes a non-essential feature.
    Severity 4 (Low) Due to an Error in a production environment, the Product can be used with only slight inconvenience. In addition, all product feature requests and general questions regarding product usage fall into this support level.
  6. Bug Fixing:
    1. Diffblue will investigate incident reports concerning suspected problems with supported Products provided that (a) Customer sends Diffblue a written report, which includes evidence of the suspected Issue, and (b) the incident can be reproduced or reasonably confirmed by Diffblue (“Confirmed Issue”).
    2. Diffblue will use commercially reasonable efforts to promptly correct the Confirmed Issue or provide a workaround to permit Customer to use the Product substantially in conformance with the applicable Documentation.
    3. Diffblue may request that the Customer run a diagnostic procedure provided by Diffblue to determine whether their current deployment of supported Products conforms to documented system requirements for the supported Product.
    4. If Customer does not follow the diagnostic procedure specified for the supported Product, Diffblue has no further obligation to diagnose or fix the Confirmed Issue. If the Customer follows such procedures and Diffblue determines that there is an issue with the Customer’s configuration, Diffblue support may recommend corrective action that the Customer must perform before Diffblue has any further obligation to diagnose or fix the Confirmed Issue.
    5. If Diffblue suspects the Confirmed Issue results from interaction with another vendor’s software or hardware product, Diffblue can require the Customer to open a support case with that vendor. If the Customer does not open the support case with the vendor, Diffblue has no further obligation to diagnose or fix the Confirmed Issue.
    6. If Customer is not satisfied with the handling of the Confirmed Issue, Customer may pursue escalation procedures set forth in these Support Terms.
  7. RFEs (Requests for Enhancement)
    1. Any Customer request for functionality currently not documented as supported functionality of the Product will be classified by Diffblue as a Request for Enhancement (“RFE”).
    2. All issues classified by Diffblue as RFEs will be forwarded to product management for triage.
    3. Diffblue will review all incoming RFEs and triage them as soon as possible. Triage involves classifying the RFE as relating to a specific area of Product functionality and assigning it to a specific product manager responsible for that area.
    4. Updates will be made to the Customer RFE to indicate when triage has been performed.
    5. Product managers will routinely review trends in RFEs in their assigned areas and use that as input to identifying priorities for design and development.
    6. RFEs will not be closed unless the product manager determines that the functionality already exists, in which case they will update support and support will ensure that the customer is notified.
    7. RFEs may remain open for extended periods in areas that are not yet prioritized for active design or development.
    8. Customers under enterprise support may request a review with product management of their open RFEs.
    9. There is no obligation on Diffblue’s part to implement functionality requested through an RFE.
    10. Diffblue may determine that there is a different solution to satisfy the underlying problem driving an RFE, in which case the Customer will be notified when that solution is delivered and their case will be considered resolved unless the Customer does not accept the solution and reopens the case.
    11. Diffblue product management may contact customers with open RFEs in an area which they are scoping for potential design or development to get additional detail on the customers’ needs or review potential solution. This is on a best efforts basis only.
  8. Escalation Procedures:
    1. Customer may escalate a Confirmed Issue by requesting an escalation via the support portal. For escalated Confirmed Issues, an action plan will be developed by the Diffblue support team and communicated to Customer.
    2. When an escalated Confirmed Issue has been resolved, the request for assistance will be considered closed upon the mutual agreement of the parties, such agreement not to be unreasonably withheld, delayed or conditioned. A Confirmed Issue of Severity 1 - 3 will not be considered resolved until one of the following activities has been completed:
      1. a resolution to the Confirmed Issue is obtained to Customer’s reasonable satisfaction;
      2. a computer software code change in the form of a patch or a new revision that corrects the Confirmed Issue without causing additional problems has been delivered to Customer, successfully installed and is working;
      3. a short term workaround is delivered and accepted by Customer, though such acceptance shall not absolve Diffblue from any obligation to provide a long term solution if required; or
      4. an engineering commitment is made, upon Customer’s agreement, to correct the Confirmed Issue in a future release of the Diffblue Software.
  9. Excluded Services:
    1. Diffblue has no obligation to fix Customer Issues or problems except for those expressly set forth in the foregoing Sections of this Support Agreement. Customer Issues or problems that Diffblue has no obligation to fix include the following situations without limitation:
      1. Customer has a Support Agreement for a Diffblue Product only and the Confirmed Issue is with a deployment of another software package independent of the Diffblue Product;
      2. The Diffblue Product is not used for its intended purpose;
      3. The Diffblue Product has been altered, damaged, modified or incorporated into other software in a manner not approved by Diffblue ;
      4. The Diffblue Product is a release that is no longer supported by Diffblue;
      5. The software component is not listed as a supported component in the product documentation;
      6. The Confirmed Issue is caused by Customer’s or a third-party’s software or equipment or by Customer’s negligence, abuse, misapplication, or use of the Diffblue Products other than as specified in the Documentation; or
      7. Fixing the Confirmed Issue would require changes to Customer’s infrastructure or operating platform.
    2. If Diffblue determines that it has no obligation to fix the Confirmed Issue for one of the reasons stated above, the parties may, in their discretion, enter into a separate agreement authorizing Diffblue to provide professional services at a rate that is mutually agreed by the Parties.
  10. End of Life Policy:
    1. Customer acknowledges that new features may be added to or removed from the Diffblue Products based on market demand and technological innovation. Accordingly, as Diffblue develops enhanced versions of its Products, Diffblue may require the customer to upgrade to the newest version of the Product in order to resolve the issue. Diffblue may cease to maintain and support older versions or specific features of its Products. Diffblue will use commercially reasonable efforts to notify Customer in advance of a Product version or feature undergoing the transition from supported to unsupported status

Last updated: May 18, 2020