This Ping Identity Support Policy Addendum for PingCloud Service (this “Addendum”) serves to modify the terms of the Ping Identity Corporation (“Ping Identity”) Support Policy located at https://www.pingidentity.com/en/legal/support-policy.html or Customer’s other support services terms (the “Support Policy”) as may be included in a subscription agreement for hosted cloud solutions (the “Agreement”) with Ping Identity. All capitalized terms used but not defined herein shall have the meanings assigned to them in the Support Policy.
1. Scope. This Addendum applies solely to Customer’s use of Ping Identity’s PingCloud Service (“PingCloud”), and in the event of a conflict between this Addendum and the Support Policy, this Addendum shall control. This Addendum shall not apply to Customer’s use of any Products other than PingCloud.
2. Severity Level Table. The Severity Level Table in Section 2 of the Support Policy shall be replaced with the following:
|Severity Level||Definition||Response Time||Resolution Time|
|1||The Error results in complete interruption of a production system that impacts all users and no viable workaround exists. Customer must call Ping Identity to report a Severity Level 1 Error.||Ping Identity shall acknowledge receipt within fifteen (15) minutes of Customer’s submission of a Support Request. Ping Identity shall provide hourly updates via the Support Portal.||Severity Level 1 Errors shall count against the Uptime Availability in accordance with the Support Policy.|
|2||The Error has a severe impact on performance, important services/components are not functioning, or a subset of users cannot access necessary functionality in a production system.||Ping Identity shall acknowledge receipt within one (1) hour of Customer’s submission of a Support Request. Ping Identity and Customer will mutually agree on a schedule for ongoing updates.||Ping Identity shall Resolve the Support Request as soon as practicable and no later than eight (8) hours after Ping Identity’s receipt of the Support Request.|
|3||The Error has a low impact on (i) a small number of users in a production environment; or (ii) development or quality assurance in a non-production environment.||During Support Hours, Ping Identity shall acknowledge receipt within four (4) hours of Customer’s submission of a Support Request. Ping Identity will provide ongoing updates every five (5) days.||Ping Identity shall Resolve the Support Request as soon as practicable and no later than three business (3) days after Ping Identity’s receipt of the Support Request.|
|4||Customer is letting Ping Identity know about a minor problem or enhancement request for which feedback is not required.||During Support Hours, Ping Identity shall acknowledge receipt within one (1) Business Day of Customer’s submission of a Support Request.||Not Applicable.|
|Service Request||Customer is submitting a Service Request with respect to PingCloud. Service Requests do not constitute Errors.||During Support Hours, Ping Identity shall acknowledge receipt within one (1) Business Day of Customer’s submission of a Service Request.||Ping Identity shall use good faith efforts to Resolve the Service Request within a reasonable time frame after Ping Identity’s receipt of the Service Request, based on the nature and magnitude of the request.|
3. Customer Responsibilities. In addition to the obligations in the Support Policy, during the Support Period, Customer shall:
(a) at least once every twelve (12) months, allow for the scheduling of a version upgrade of each of the Software programs underlying PingCloud at a mutually agreed upon time (within thirty (30) days of written notice from Ping Identity), which upgrade will bring the Software programs to the most recent Major Release and version of the Software unless otherwise agreed to by Ping Identity;
(b) notify Ping Identity through the Service Request process reasonably in advance of any material changes to the PingCloud configuration or deployment that could affect volume or throughput of PingCloud (for example: integrating a third party resource, adding a significant number of applications, a large scale enrollment event, etc.);
(c) allow Ping Identity to apply any available (i) patches, fixes or other updates that are designed to remediate potential security vulnerabilities, performance issues or other critical issues or (ii) platform infrastructure upgrades, in each case in accordance with the following notification requirements:
(i) with respect to development and test environments, Ping Identity shall give reasonable advance notice of such updates or upgrades if it reasonably believes that the upgrade procedure may have a detrimental effect on such environments;
(ii) with respect to staging and production environments, Ping Identity will work with Customer to schedule any such updates or upgrades at a mutually agreeable time as soon as is reasonably possible, if Ping Identity reasonably believes that the upgrade procedure may have a detrimental effect on such environments (and Ping Identity shall not be responsible for any damages or liabilities under the Agreement or otherwise in the event that Customer does not permit such updates within ten (10) days from notice);
(iii) if Ping Identity reasonably believes an update or upgrade will not have a detrimental effect on an environment, Ping Identity is not required to provide advance notice of the applicable update or upgrade; and
(iv) notwithstanding the foregoing, for critical security or performance risks, Ping Identity may reasonably determine to apply an update or upgrade without advance notice; provided that any downtime of PingCloud in such instance will be decremented from its Uptime Availability.
(a) A “Service Request” means an administrative task related to the set-up or configuration of PingCloud.
(b) Customer is not entitled to separately download Software programs underlying PingCloud unless separately licensed for such Software programs on an individual basis.
(c) Customer must always run Supported Releases of the Software programs underlying PingCloud and will schedule an upgrade with Ping Identity under Section 3(a) above to ensure use of a Supported Release.
(d) The Uptime Availability requirement under the Support Policy shall not include scheduled downtime for planned maintenance, upgrades and updates that is scheduled in advance between Ping Identity and Customer.
(e) The following additional provisions shall be added to the definition of “Customer Cause” under the Support Policy: (i) failure by Customer to notify Ping Identity of material changes to PingCloud as required under Section 3(b) of this Addendum or to accept updates, patches or fixes as required under Sections 3(a) and (c) above; (ii) changes by Customer to the configuration of PingCloud that impact its ability to communicate with other components, impacts performance and/or limits or eliminates service function; (iii) additions or modifications to configuration in PingCloud that require new or changed monitoring configuration, if such changes are implemented in a production environment before monitoring configuration is completed; and (iv) failure of services or applications not deployed on PingCloud, including without limitation Products hosted on Customer or third party systems.