Support Terms

These support terms, including any attachments or other terms referenced herein (together the “Support Terms”) are subject to, and an integral part of the Software and Services Agreement (“SSA”) between Designverse and the Customer as defined in the foregoing SSA applicable to the Software (“Agreement”).

These Support Terms apply to the Software for which Designverse received payment of the corresponding Fees as per the Agreement. All capitalized terms not otherwise defined here will have the meaning specified in the Agreement.

The Support Terms may be regularly updated by Designverse.

1. Definitions

“Incident” means failure of the Software components to function in accordance with the specifications in the Order, excluding issues due to Customer’s misuse, other third-party applications, Customer Content or Third-Party Services, or for those caused by Exclusions.

“Downtime for Updates” means the period of time reserved by Designverse to apply, fix and update the Software as part of regular maintenance, according to Designverse’s internal policies.

“Service Requests” means a request from the Customer that does not meet the criteria for an Incident, and that is limited to information or advice on Software use instructions, activation, licensing, etc..

“Ticket” means the ticketing system used by Designverse to receive requests regarding Incidents and Service Requests, which will be communicated to the Customer, including emails at support@designverse.ai.

2. Incident Support

First Line Support. Before submitting a Service Request, Customer will perform first line support for itself by investigating any connectivity, access permission, database provisioning or other issues related to its systems, networks or applications interacting with the Software.

Incident Support. During the Subscription Term, Designverse will provide support and maintenance for Incidents, by providing maintenance and technical support up to the limit of one (1) hour per Customer/month. Anything exceeding these limits will be billed according to the hourly rate specified in the Order (if specified) or in accordance with the rate separately agreed upon.

Technical support may include, on a case-by-case basis, depending on the Incident, responses to diagnosis and rectification of Incidents such as workarounds or fixes.

3. Support Exclusions

Unless otherwise mutually agreed in writing, Designverse has no obligation to provide support to Customer if or for: (i) the Software components have been changed, modified or damaged by the Customer or by anyone other than Designverse without Designverse’s consent or knowledge or in breach of the Agreement; (ii) the Incident is caused by Customer’s negligence, willful misconduct, use of the Software components in breach of the Agreements; (iii) the Incident is due to a third-party software, Customer Content or by Third-Party Services or by a Customer integration; or (iv) Customer’s failure to comply with the Documentation, or to update the Software as required by Designverse, (v) Downtime for Updates; (vi) Service Requests, and Incident Tickets made other than through the Ticket system (all of the foregoing being herein referred to as the “Exclusions”).

4. Support Cooperation

As a precondition for requesting Support, Customer agrees that it and its Users will use reasonable efforts to: (i) to clearly understand the problem and provide the first line support before consulting Designverse; (ii) provide Designverse with sufficient information and data for Designverse to adequately address the potential problem; (iii) utilize sufficient resources to understand the instructions from Designverse in addressing the problem, and make reasonable attempts to correct the problem as suggested by Designverse.

The Customer acknowledges that the time required for resolution of Incidents may vary depending on the specific circumstances of each problem, including, without limitation, the nature of the Incident, the extent and accuracy of information available about the Incident, and the level of Customer’s cooperation and responsiveness in providing materials, information, access and support reasonably required by Designverse to adequately address the potential problem.