Ping Identity Support Policy

Effective January 29, 2019

 

This Ping Identity Corporation ("Ping Identity") Support Policy (this "Policy") encompasses all support obligations that Ping Identity has toward you as Ping Identity’s customer ("Customer").

 

1.   Responsibilities.

 

      1.1     During the Support Period, Ping Identity shall:

               (a)    provide Customer access to all generally available updates, upgrades, enhancements, fixes, and new versions of the Software;

 

               (b)     respond to and Resolve all Errors in accordance with Section 2 of this Policy;

 

               (c)    maintain uptime availability of 99.9% per month for the Service ("Uptime Availability"). Uptime Availability does not include: (i) downtime that results from a Customer Cause or a Force Majeure Event or (ii) scheduled downtime, which shall not be more than 12 hours per year. Ping Identity shall provide notice at least forty-eight hours in advance of any scheduled downtime;

 

               (d)     provide unlimited telephone support to Customer during all Support Hours at 303-468-2857 (toll free: 1-855-355-7464); and

 

               (e)     provide Customer with online access to a support portal ("Support Portal"). The Support Portal may include a case submission form, case status and history, security advisory history, license history, access to download licensed Products, knowledge base articles, and Documentation.

 

      1.2     During the Support Period, Customer shall:

               (a)    provide prompt notice of any Errors by the Support Portal (each, a "Support Request"). Customer shall include in each Support Request a description of the reported Error and the time Customer first observed the Error;

               (b)    cooperate and assist Ping Identity in Resolving the Support Request by taking any reasonably necessary actions that Ping Identity may request, including but not limited to, reproducing operating conditions similar to those present when Customer detected the Error and providing relevant data, documents, and information; and

               (c)    designate in writing to Ping Identity certain individual(s) at Customer who will provide timely and accurate information to Ping Identity in connection with a Support Request or Support Services.

 

2.     Severity Levels. Ping Identity shall respond to Support Requests and Resolve Errors in accordance with the applicable Severity Level, Response Time, and Resolution Time set forth in the Severity Level table below. "Response Time" will be measured from the time Ping Identity receives a Support Request until Ping Identity has responded to that Support Request. "Resolution Time" will be measured from the time Ping Identity receives a Support Request until Ping Identity has Resolved that Support Request. "Resolve", "Resolved", "Resolution" and correlative capitalized terms mean that Ping Identity has corrected the Error, whether by a work-around or any other reasonable means, that prompted that Support Request.

 

Severity Level Table:

 

Severity Level of Error

         

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 one (1) hour of Customer’s submission of a Support Request. Ping Identity shall provide hourly updates via the Support Portal.

 

         

Ping Identity shall Resolve the Support Request as soon as practicable and no later than twenty four (24) hours after Ping Identity’s receipt of the Support Request.

2

         

The Error has a (i) severe impact on performance, important services/components are not functioning, or a subset of users cannot access necessary functionality in a production system; or (ii) critical business impact and deployment is delayed with a hard deadline approaching in a non-production environment.

 

         

During Support Hours, Ping Identity shall acknowledge receipt within two (2) hours 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 forty eight (48) 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 one (1) Business Day 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 ten (10) 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 acknowledgement receipt within three (3) Business Days of Customer’s submission of a Support Request.

 

         

Not applicable.

 

3.     Supported Releases for Software. Ping Identity provides Support Services for (i) the current Major Release of the Software, (ii) the Major Release prior to the current Major Release, and (iii) any other Major Release that was first made generally available within the prior two years (each, a "Supported Release"). "Major Release" means a new release of the Software as indicated by a change to the number to the left of the decimal point in the version number, for example, Version 2.1 upgraded to Version 3.0.

 

4.     Exclusions. Custom Developments and Out-of-Scope Services are not subject to this Policy. Ping Identity shall provide Support Services for Custom Developments and Out-of-Scope Services only upon the mutual written agreement between Ping Identity and Customer, including any fees related thereto.

 

5.     Definitions. Capitalized terms used the in this Policy shall have the meaning ascribed to such terms as set forth below or as otherwise defined in this Policy. Any capitalized terms not otherwise defined in this Policy shall have the meanings given to such terms in the main license or subscription agreement between Ping Identity and Customer (a "Main Agreement").

 

     "Business Day" means Monday through Friday, excluding weekends.

 

     "Custom Developments" mean custom software, materials, or solutions designed to interact with the Products developed by (a) Customer, with or without Ping Identity’s assistance, including the use of application programming interfaces (APIs) or other development tools related to the Products; or (b) Ping Identity for the benefit of Customer.

 

     "Customer Cause" means: (a) any negligent or improper use (including improper installation or implementation), misapplication, misuse or abuse of, or damage to, the Products by Customer or any of its Representatives; (b) any maintenance, update, improvement or other modification to or alteration of Products by Customer or its Representatives that was not specifically authorized in writing by Ping Identity; (c) any use of the Products by Customer or its Representatives in a manner inconsistent with the then-current Documentation; (d) any use by Customer or its Representatives of any third-party software, computer hardware, network hardware, electrical, telephone, wiring and all related accessories, components, parts and devices that Ping Identity has not provided to Customer; (e) any use by Customer or its Representatives of a version of the Software that is not a Supported Release; or (f) any issue caused by Customer’s information technology infrastructure, including computers, software, databases, electronic systems (e.g., database management systems) and networks.

 

     "Error" means any reproducible failure of the Products to operate in all material respects in accordance with the then-current Documentation, provided that the issue is not due to a Customer Cause.

 

     "Force Majeure Event" means any unavailability of the Service caused by circumstances beyond Ping Identity’s reasonable control, including without limitation, acts of God; acts of government; flood; fire; earthquakes; civil unrest; acts of terror, strikes or other labor problems (other than those involving Ping Identity employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Ping Identity’s possession or reasonable control, and denial of service attacks.

 

     "Out-of-Scope Services" means any of the following: (a) any services requested by Customer for Products for which Customer has not purchased or paid for Support Services; (b) any services requested by Customer in connection with any apparent Error that Ping Identity determines in its reasonable discretion to have been caused by a Customer Cause; or (c) any other services that Customer and Ping Identity may from time to time agree in writing are not included in the Support Services.

 

     "Representative" means any employee, contractor, or agent of Customer or an Affiliate of Customer.

 

     "Service" means Ping’s proprietary hosted service offering that is subscribed to by Customer under a Main Agreement.

 

     "Severity Level" means the level of severity assigned to an Error and as further defined in the Severity Level Table. Ping Identity shall assign the respective Severity Level to an Error, subject to the parties’ written agreement to revise such designation after Ping Identity’s investigation of the reported Error and consultation with Customer.

 

     "Software" means those proprietary software offerings that Customer licenses from Ping Identity under a Main Agreement.

 

     "Support Hours" means (a) 24x7x365 for Support Requests related to Severity Level 1 Errors and (b) 24 hours on Business Days for all other Support Requests.

 

     "Support Period" means the term specified in any ordering documentation between Ping Identity and Customer during which Ping Identity shall provide Support Services to Customer.

 

     "Support Services" means Ping Identity’s maintenance and support services.