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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 shall control. This Addendum shall 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, during the Support Period, Customer shall:
(a) notify Ping Identity through the Service Request process reasonably in advance of any material changes to the Single-Tenant Services configuration or deployment that could affect volume or throughput of Single-Tenant Services (for example: integrating a third-party resource, adding a significant number of applications, a large-scale enrollment event, etc.);
(b) 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, (ii) platform upgrades (including infrastructure updates and version upgrades of each of the Software programs underlying Single-Tenant Services), in each case in accordance with the following notification requirements:
(i) with respect to development, staging 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 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 Single-Tenant Services 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 Single-Tenant Services. Service Requests do not constitute Errors under the Support Policy. Ping Identity shall 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 such Software programs on an individual basis.
(c) Customer must always run Supported Releases of the Software programs underlying Single-Tenant Services and will schedule an upgrade with Ping Identity under Section 2(b) 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 Single-Tenant Services as required under Section 2(a) of this Addendum or to accept updates, patches or fixes as required under Section 2(b) 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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