Technical Support

GroupBy Technical Support Guidelines (“TSG”)

The following technical support guidelines (“Guidelines”) apply to support services for the GroupBy Searchandiser solution provided by GroupBy Inc. (“GroupBy”) to you (“Customer”) pursuant to the terms and conditions in the agreement entered into between GroupBy and Customer (the “Agreement”).

1. Definitions.

For the purpose of these Guidelines, the following capitalized terms will have the following meanings. All other capitalized terms not defined herein will have the meaning set forth in the Agreement.

1.1 “Business Day” means any day other than Saturday, Sunday or a regional holiday in the US.

1.2 “Business Hour” means a time period of one hour within the Hours of Operation.

1.3 “Hours of Operation” means 9:00 a.m. to 5:00 p.m. Eastern Time on Business Days.

1.4 “Customer Contacts” means administrators designated in the Administrative Console.

1.5 “GroupBy Technical Support Personnel” mean the GroupBy representatives responsible for handling technical support requests.

1.6 “Priority 1 Request” is a Request to resolve a situation where Customer is unable to access or use the Service for the majority of its End Users for a period of time greater than fifteen minutes.

1.7 “Priority 2 Request” is a Request to resolve an error, bug, or malfunction that causes significant degradation of a user-facing feature, or has high business impact, without causing a Priority 1 issue.

1.8 “Priority 3 Request” is a support request that is not: (a) a Priority 2 Request; (b) a Priority 1 Request; or (c) a Feature Request.

1.9 “Standard Request” is a Request to resolve a Priority 2 or Priority 3 problem.

1.10 “Feature Request” means a Request that is unique to Customer and is not a Priority 3 Request, Priority 2 Request, or a Priority 1 Request (as determined in the sole discretion of GroupBy), which includes but is not limited to requests by a Customer Contact to incorporate a new feature or enhance an existing feature of the Service.

1.11 “Request” means a request from Customer Contact to GroupBy Technical Support Personnel for technical support to resolve a question or problem report regarding the Service.

1.12 “Support Incident” means a single request for assistance to resolve one Request.

1.13 “Business Critical Support” means an enhanced level of support providing enhanced Priority 1 Request response time and availability of technical support.

1.14 “GroupBy Support Site” (or “GBS Site”) means the online support portal provided by GroupBy for use by its Customers, and which includes the web form for submitting support Requests (currently at www.support.groupbyinc.com, or such other URL as may be updated by GroupBy from time to time), and related public content hosted elsewhere and directly linked from the URL provided.

2. Accessing Support.

2.1 Customer Efforts to Fix Errors. Prior to making a request to GroupBy, Customer will use reasonable efforts to fix any error, bug, malfunction or network connectivity defect without escalation to GroupBy. Thereafter, a Customer Contact entitled to access support may submit a written request for technical support through the online help center accessible at www.support.groupbyinc.com or such URL as GroupBy may provide.

2.2 Characterization of Requests. Upon receiving a request from Customer Contact, GroupBy will determine in its sole discretion whether the request is a Priority 1 Request, Priority 2 Request, Priority 3 Request or a “Feature Request” as defined in 1.6, 1.7, 1.8 and 1.10.

2.3 Support Hours and Target Initial Response Times. For Priority 1 Requests GroupBy will attempt to respond to properly submitted support requests within 1 hour of receipt of the Request on a 24×7 basis. For access during Business Hours, GroupBy will provide access via phone. After Business Hours, support is only available if specifically triggered by Customer Contact via the designated instructions provided at the time service is established and as documented in the GBS Site. They may be updated from time to time thereafter by notification to Customer Contact.

For Priority 2 Requests GroupBy will attempt to respond to properly submitted support requests within one Business Day during Business Hours. E-mail will be used as the medium of communication once a Request is initiated by Customer Contact from the web form at the GBS Site.

For Priority 3 Requests GroupBy will attempt to respond to properly submitted support requests within one Business Day during Business Hours. E-mail will be used as the medium of communication once a Request is initiated by Customer Contact from the web form at the GBS Site.

GroupBy will use commercially reasonable efforts to provide a fix.

2.4 Procedures for Acknowledgement and Resolution of Requests. When making a Request, Customer will provide requested diagnostic information including but not limited to: (i) describing the problem, the configuration, and Customer’s network; (ii) providing relevant data; and (iii) communicating further via email or telephone to answer questions and assist GroupBy Technical Support Personnel as appropriate.

2.5 Characterization of Requests. Upon receiving a Request from a Customer Contact, GroupBy Technical Support Personnel will in their sole discretion characterize each Request as a Priority 1 Request, Priority 2 Request, Priority 3 Request, or a Feature Request. Any such determination made by GroupBy will be final and binding on Customer.

2.6 Request Acknowledgement. A response to a Request may consist only of receipt of and acknowledgement by GroupBy of the Request and may not include a resolution of that Request. Customer acknowledges and understands that the Services provided by GroupBy may not be perfect or error-free and that, despite GroupBy’s commercially reasonable efforts, GroupBy may be unable to provide answers to or resolve some or all Requests. GroupBy makes no promises, guarantees or assurances of any kind that it will be able to resolve all of Customer’s Requests.

2.7 Feature Requests. If a Request is deemed by GroupBy to be a Feature Request, GroupBy will log the Feature Request for consideration to add to a future update or release of the Service and will consider the matter closed. GroupBy will be under no obligation to respond to or resolve any Feature Request or to include any such Feature Request in any future update or release.

3. General Provisions.

3.1 Updates to Guidelines. These Guidelines may be updated by GroupBy from time to time, by posting the updated Guidelines to this URL, or other such URL as provided by GroupBy from time to time.

3.2 Language. The parties agree that all support provided by GroupBy to Customer pursuant to these Guidelines will be provided in the English language.

3.3 Term of Support. The support services provided by GroupBy pursuant to these Guidelines will be limited to the term of the Agreement entered into by Customer and GroupBy. GroupBy will have no obligation to provide any support services to Customer after the expiration or termination of such Agreement.