Terms & Policies

Chainguard Images - Support Services Offering

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.

Customer has the option to select between two support service offerings; Standard or Premier.  

Standard Support Services are provided with the purchase of Chainguard Images.  Premier Support Services must be purchased separately and will include 24x7 support, accelerated response times, an unlimited number of users entitled to open support tickets, and two major scheduled support events per year.

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, support.chainguard.dev , 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 Support Availability 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. Target First Response Times:

Chainguard will use commercially reasonable measures to provide the following entitlements for Standard and Premier Support Services, respectively.

* Local timezone is determined by the billing address on the applicable Order Form.

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.

Customer acknowledges and agrees that the scope of Support is explicitly limited to the Support detailed in this Policy, and that all other configuration, ongoing support, or consulting services, including, without limitation, the following items, are outside the scope of this Policy.

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.For Standard support, 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.

7.6 Any materials shared by Chainguard that Chainguard makes available to similarly situated customers (by way of example only, training materials, Help Center articles, etc.) are for illustrative purposes only, and Customer is solely responsible for the use, performance, maintenance, and risks associated with such materials.

7.7 Support will be provided remotely via videoconferencing or the customer support portal and in English.

7.8 Customer shall provide thirty (30) calendar days’ written notice to Chainguard for each Major Scheduled Support Event.

8. Timeline

The term of this Policy commences as of the Start date set forth in the Order Form and shall conclude on the end date set forth in the Order Form. For clarity, any unused support services cannot be used for future orders. 

Customer acknowledges and agrees that Chainguard’s ability to perform the support services during the term depends upon Customer’s timely cooperation and collaborative participation at all times.

9. Support Services Fee

The fee for the Premier Support Services shall be set forth in the Order Form (the “Fee”). In the event of a material change in scope that impacts the Fee and/or the term, the Parties shall execute a change order. 

10. Custom Assembly.  Notwithstanding anything to the contrary, this Support Policy shall not apply to images assembled by Customer via Custom Assembly.

10.1 FIPS.  Customer may use Custom Assembly with FIPS Images, but Customer understands that such use may result in FIPS packages no longer being compliant with FIPS requirements.  As such, in no event shall the FIPS Commitment apply to any Images used with Custom Assembly.

10.2 Functionality Disclaimer.  Customer agrees that its use of Custom Assembly to images shall be at Customer’s own risk.  Chainguard does not warrant, guarantee, or commit to the features, functionality, or performance of any images built or assembled by Customer.  Chainguard specifically disclaims any representation or warranty as to the accuracy, completeness, usefulness, or reliability of any images assembled via Custom Assembly.

11.  Language and Normal Business Hours. 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.

12. Order of Precedence

In the event of any conflict between the terms of this Policy, the Governing Agreement, and the applicable Order Form, the following order of precedence shall govern: (i) first, this Policy (only with respect to the subject matter hereof); (ii) second, the Chainguard MSLA; and (iii) third, the applicable Order Form (unless the Special Contractual Terms section of the applicable Order Form clearly specifies that it modifies the Governing Agreement or this Policy, as the case may be).

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 20241121