Terms & Policies

This Support Policy (“Policy”) describes the current practices of Chainguard with regard to its provision of support services to customers with a current Agreement (“Customer(s)”). Any terms not defined herein shall have the definition prescribed in Chainguard’s MSLA, and as may updated from time-to-time, unless Customer has a valid master agreement executed by the parties.

1. Definitions

1.1.“ Error” means any reproducible failure of the Licensed Software to perform a material function as set forth in the Documentation.

1.2. “Update” means either a minor release, a maintenance release or a patch release, as identified by Chainguard.

1.3. “Upgrade” means a major release, as identified by Chainguard

2. Request for Support. All support requests by Customer must be logged via the customer support portal, Zendesk, or email at support@chainguardhelp.zendesk.com.

3. Scope of Support. During the Subscription Period Chainguard will, with respect to any support requests:

3.1.answer questions from Customer regarding the operation of the Licensed Software;

3.2.respond to reports of Common Vulnerabilities and Exposures in a Chainguard image;

3.3.provide assistance to Customer with respect to Errors with the Licensed Software. Chainguard may address Errors through workarounds or defect correction. Defect corrections may be addressed through Updates or Upgrades, under which Chainguard has no obligation to fix the Error; and

3.4.use commercially reasonable efforts to respond to each support request, as set forth in Sections 3.1, 3.2 and 3.3, during Regular Business Hours and in accordance with the Severity Levels and Target First Response Times in the table below. All Target First Response Times shall commence at the beginning of the next business day for support requests that are logged during non-business hours.

4. Severity Level Determination. All support requests made via the customer support portal by Customer will initially identify the severity level in accordance with the definitions below. Support requests initiated by email will be categorized as Medium priority. Critical and High requests must be created using the customer support portal. Final severity level will be assigned by Chainguard in good faith cooperation with the Customer provided, however, that if Chainguard and Customer cannot reach a joint determination despite good faith cooperation, Chainguard’s reasonable determination will apply.

Severity Level Definitions and Target First Response Times:

5. Regular Business Hours

6.Exclusions. Chainguard will have no Support obligations for any of the following conditions:

6.1.the relevant Licensed Software is not used for its intended purpose; or

6.2.the Error is caused by Customer’s or a third party’s software or equipment; or

6.3.modifications, alterations, or repairs to the Licensed Software made by a party other than Chainguard; or

6.4.the version of the Client Licensed Software on which the Error has purportedly occurred is a version of such Client Licensed Software not supported by Chainguard.

7. Responsibilities. Chainguard’s Support obligations are conditioned upon the following:

7.1.Customer sends Chainguard a written Request for Support, which includes evidence of any reported Error;

7.2.Participation of knowledgeable Customer representatives that provide accurate and detailed information sufficient for Chainguard to reproduce the reported error;

7.3.The Error can be reproduced or reasonably confirmed by Chainguard;

7.4.Designation of a limited number of authorized persons who are the preferred contacts for the receipt of Support from Chainguard; and

7.5.Customer’s response to Chainguard Support communications in a timely manner.

8. English. All Support will be provided in the English language. The parties confirm that they have requested that this Agreement and all related documents be drafted in English at the express wishes of the parties.

Chainguard reserves the right to update support policies from time to time, but only to the extent that the update does not materially and adversely diminish the Customer’s rights to support as provided as of the date of a Customer’s order.

Version 20240222