This Ping Identity Support Policy Addendum for Single-Tenant Services (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 any Services that are provided by Ping Identity as a dedicated single-tenant solution (as opposed to multi-tenant SaaS) (“Single-Tenant Services”), and in the event of a conflict between this Addendum and the Support Policy, this Addendum controls. This Addendum does not apply to Customer’s use of any Products other than Single-Tenant Services.
2. Customer Responsibilities. In addition to the obligations in the Support Policy, Customer is required to notify Ping Identity reasonably in advance, through the Service Request process, of any material modifications or adaptations to the configuration or implementation of the Single-Tenant Services. This includes, without limitation, integration of third-party resources or changes that could affect volume or throughput of Single-Tenant Services, such as adding a significant number of applications or a significant enrollment event. Additionally, Customer is responsible for testing any planned upgrades in lower environments prior to a production upgrade. Customer must provide Ping Identity with written notice of any potentially production-impacting issues found in lower environments at least three business days prior to a scheduled production upgrade. If no notice is provided, Ping Identity will proceed with the scheduled upgrade with the assumption that Customer has performed reasonable testing of the release.
3. Service Updates. From time to time, Ping Identity may apply (a) patches, fixes or other updates that are designed to remediate potential security vulnerabilities, performance issues, or other issues, and (b) platform upgrades (including infrastructure updates and version upgrades of each of the Software programs underlying Single-Tenant Services). Where Ping Identity believes such changes are likely to have a material detrimental effect on an environment:
(a) Ping Identity will provide reasonable advance notice to Customer for development, test and staging environments;
(b) for production environments, Ping Identity will work with Customer to schedule the updates or upgrades at an agreed time as soon as is reasonably possible. If Customer (i) does not schedule the updates or upgrades within ten (10) days from notice or (ii) does not provide notice of issues in the lower environments (per Section 2 above) at least three business days before the scheduled production upgrade, then Ping Identity will not be responsible for any related damages or liabilities under the Agreement or otherwise, and Ping Identity is permitted to perform the updates or upgrades at any time without responsibility for any resulting impact on Uptime Availability; and
(c) for material security or performance risks, Ping Identity may apply an update or upgrade without advance notice.
4. Miscellaneous.
(a) A “Service Request” means an administrative task related to the set-up or configuration of Single-Tenant Services. Service Requests do not constitute Errors under the Support Policy. Ping Identity will acknowledge receipt within one (1) Business Day of Customer’s submission of a Service Request and use good faith efforts to address 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.
(b) Customer is not entitled to separately download Software programs underlying Single-Tenant Services unless separately licensed for those Software programs on an individual basis.
(c) Customer must always run Supported Releases of the Software programs underlying Single-Tenant Services.
(d) The Uptime Availability requirement under the Support Policy only applies to production environments, and does not include windows for planned maintenance, upgrades and updates that are scheduled in advance between Ping Identity and Customer.
(e) The following additional provisions will be added to the definition of “Customer Cause” under the Support Policy: (i) failure by Customer to notify Ping Identity of material changes to Single-Tenant Services as required under Section 2 of this Addendum or to accept updates, patches or fixes as required under Section 3 above; (ii) changes by Customer to the configuration of Single-Tenant Services 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 Single-Tenant Services 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 Single-Tenant Services, including without limitation Products hosted on Customer or third party systems.
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