Maintenance and Support Services - Mapsindoors - AMER

Version 1.01 - Last modified: September 4, 2023

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1. Support and Enhancement Services.

This Support and Enhancement Services Appendix sets forth the terms and conditions pursuant to which MapsPeople shall provide Customer with certain support and enhancement services (“Support and Enhancement Services”) subject to the Customer being current in paying all applicable Support and Enhancement Service Fees.

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2. Definitions

2.1. Support Release. A “Support Release” of the Software shall mean any Update Releases and Versioned Releases that are made generally available to MapsPeopleʼs general client base as an Update Release or Versioned Release in MapsPeopleʼs sole discretion.

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2.2. Update Release. An “Update Release” shall mean bug fixes and patches intended to correct Errors. Update Releases are denoted by a change to the numbers to the right of the second decimal point (e.g., v1.1.1 to v1.1.2).

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2.3. Versioned Release. “Versioned Release” shall mean releases containing minor enhancements. Versioned Releases are denoted by a change to the number to the right of the decimal point (e.g. v1.1 to v1.2).

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2.4. New Product Release. A “New Product Release” shall mean any release of the software that is not a Support Release.

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2.5. Errors. “Errors” are reported problems that (i) prevent the Software from conforming in material respects to applicable Documentation, and (ii) are replicated and diagnosed by MapsPeople as defects in the Software.

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3. Delivery of Enhancements

3.1. Support Releases. MapsPeople shall provide Customer with Support Releases of the Software as set forth below.

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3.2. Delivery. MapsPeople shall notify Customer of all Support Releases of the Software upon such Support Release being made generally available to MapsPeopleʼs general customer base. Delivery to Customer of the Support Release shall be made upon request of the Customer pursuant to the Agreement.

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3.3. New Product Releases. New Product Releases will NOT be provided to Customer pursuant to Support and Enhancement Services. Such New Product Releases would be subject to mutual negotiation and execution of a separate Appendix A and payment of additional fees for such New Product Releases.

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4. Support

4.1. Error Corrections. MapsPeople shall use commercially reasonable efforts to provide solutions, changes and corrections to the Software as are required to correct Errors.

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4.2. Support Obligations of the Parties. MapsPeople shall provide Level 2 Support as set forth below. Customer shall be responsible for those Level 1 Support activities described below.

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4.3. Level 1 Support. “Level 1 Support” shall mean that Customer shall provide all assistance reasonably requested by MapsPeople. Assistance required by MapsPeople from Customer in replicating and diagnosing Errors includes, but is not limited to the following:

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  • i. serving as the primary contact for questions by the Authorized Users and gathering information and descriptions of any problem so as to ascertain its severity;
  • ii. providing available resolution to issues if known;
  • iii. analyzing problem symptoms and gathering additional data from authorized users as required;
  • iv. recreating problems on a Customer test system and reporting the result to MapsPeople if such tests indicate an Error in the Software;
  • v. determining if a suspected error is due to improper integration of the Software by the authorized user or Customer;
  • vi. attempting a bypass or circumvention of the suspected error; and
  • vii. if after performing all such Level 1 support functions, Customer finds that the suspected error appears to be in the Software, notifying MapsPeople pursuant to Section 4.6 below and providing a description of the problem and all supporting documentation and materials necessary to replicate the Error in the Software in MapsPeopleʼs development environment.

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4.4. Level 1 Support Testing. In addition to the Level 1 Support, Customer is responsible for performing compatibility testing between MapsPeople software and Customerʼs products. Customer shall perform such compatibility testing within fifteen (15) days after MapsPeople delivers a new Update Release or Versioned release but before Customer begins any distribution. In the case of an Update Release, the Customer shall verify that previously reported bugs have been fixed. In the case of a Versioned Release which may include minor enhancements, the Customer shall also verify that new enhancements do not introduce compatibility regressions that could be considered an Error. If Customer finds a regression, Customer may request that an enhancement be corrected or removed. After Customer has accepted delivery and began distribution, the Customer can no longer claim that a product enhancement is an Error, but only a compatibility regression. MapsPeople would then use commercially reasonable efforts to correct or work around the regression before the next Update Release. However, the regression will not be subject to normal Error classification.

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4.5. Level 2 Support Representatives. Customer shall identify exactly two (2) representatives who will correspond with MapsPeopleʼs support personnel as provided hereunder (the “Level 2 Support Representatives”). Customer agrees to provide MapsPeople with the names, locations, telephone numbers and email addresses of the Level 2 Support Representatives within two (2) weeks from the Effective Date. Customer may change Level 2 Support Representatives by providing MapsPeople with notice either in writing or by email to MapsPeopleʼs support personnel at support@MapsPeople.com.

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4.6. Level 2 Support. “Level 2 Support” shall mean reasonable support in the form of advice and counsel in support of Level 1 Support activities as well as Error corrections, all of which shall be performed pursuant to following:

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  • i. Level 2 Support shall be provided to the Level 2 Support Representatives only;
  • ii.Level 2 Support shall be provided Monday through Friday from 8am to 5pm (Central Time, CT), exclusive of those holidays observed by MapsPeople. The holidays observed by MapsPeople are as follows: New Yearʼs Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve and Christmas Day. Customer shall not be limited in the number of incidents reported to MapsPeople; and
  • iii. In the event that Customer fails to provide Level 1 Support and MapsPeople is required to provide such Level 1 Support, Customer shall pay MapsPeople on a time and materials basis, at MapsPeopleʼs then-current rates, for Level 1 Support and MapsPeople shall not be bound by the Response Schedule below.

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Priority Category Response Time
1 Critical errors which result in significant loss of critical functionality such as garbled or corrupted data, system is unresponsive or causing material delays and critical functions are not available such as admins cannot access the Content Management System, the Integration API is unresponsive, the SDKs are unresponsive or performance is severely impacted, or map tiles are not loading. A maximum of 4 hours within support hours defined in 4.6(ii).
2 Major errors where the system is working but with limited functionalities such as performance of the Integration API and/or the SDKs is significantly slower than normal, unexplainable or unexpected behavior of material SDK functions/functionality, or non-critical yet material functions cannot be performed in the Content Management System. A maximum of 8 hours within support hours defined in 4.6(ii).
3 Minor errors that result in limited loss of functionality but basic functionalities are still working such as bugs in the Integration API or the SDKs that have a valid workaround, bugs in the Content Management System that have a valid workaround or do not materially impact the usage, or unexplainable or unexpected behavior of non-material SDK functions/functionality. A maximum of 4 days.