Support & maintenance

‍Business Hours: means each hour during a Business Day.
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Business Day: means 8:00 a.m. to 8:00 p.m. US Eastern Time on a Monday through a Friday, excluding local public holidays.
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Error: means any Severity Level S1, S2, S3, S4 error, each as defined in the Error Severity Definition Table below.
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Product: means either Software or Cloud Offerings, as applicable to Customer’s Subscription.

During the Subscription Term, Revenium shall provide Customer with Service Levels consisting of the following: (i) online, email, or telephone support regarding use and deployment of the Product; (ii) Major and Minor releases of the same Products licensed by Customer during the subscription (“Maintenance”).

‍Support is available only in English.

Revenium’s support personnel will (a) verify Customer detected Errors, provided that the Errors can be recreated with an unmodified version of the Software and (b) the severity of the support request and whether the support request is a Severity Level S1 error, a Severity Level S2 error, a Severity Level S3 error, a Severity Level S4 error or not an Error.

Upon receipt of notice of an Error, Revenium shall assign appropriate technical personnel to the issue and provide Customer with acknowledgment that it has received such Error notice (such actions together, a “Response”). Revenium will provide Customer with a Response to each incident in accordance with the table below. Revenium will use commercially reasonable efforts to promptly resolve each incident. Actual resolution time will depend on the nature of the incident and the resolution. A resolution may consist of a fix, workaround or other solution in Revenium’s reasonable determination.

Revenium’s obligation to provide Support is conditioned upon the following: (a) Customer makes reasonable efforts to correct the Error after consulting with Revenium; (b) Customer provides Revenium with sufficient information and resources to correct the Error either at Revenium’s customer support center or via remote access to Customer’s site, as well as, if applicable, access to the personnel, hardware, and any additional software involved in discovering the Error; (c) if Customer is not subscribed to Cloud Offerings, Customer promptly installs all Minor releases (as defined in the Product Version and Back Support Policy (referred to in Section 7 above); and (d) as applicable, Customer procures, installs, and maintains all equipment, communication interfaces and other hardware necessary to operate the Product.

Revenium maintains its systems supporting the Cloud Offerings using the following table as a guideline for system updates & security-related patching:

The following are excluded from Revenium Support and Maintenance obligations: (i) Software that is used on or in conjunction with hardware or software other than as specified in the Documentation; (ii) altered or modified Software, unless altered or modified by Revenium; (iii) defects in the Software due to accident, hardware malfunction, abuse or improper use; (iv) any version of the Software for which Support and Maintenance services have been discontinued by Revenium; (v) any Error caused by third party software not licensed through Revenium; (vi) evaluation software or other software provided at no charge; and (vii) Third Party Solutions Components including certified and community connectors.

The following are excluded from Revenium Support and Maintenance obligations: (i) support for software which has been subject to unauthorized modification by Customer or a Customer User; (ii) failure of, or issues arising from, computing or networking hardware, or equipment or programs under the control of Customer; (iii) negligent or intentional misuse of the Cloud Offerings by a Customer User (e.g., flooding the system with automated emails; and (iv) custom integration scripts that use the Revenium APIs, unless affected by a change in the core Cloud Offerings that had not been communicated to Customer with at least seven (7) days’ notice of the change. Customer may elect to use certain billable consulting services (“Consulting Services”) in order to resolve issues associated with Excluded Services. Such Consulting Services may require that Customer complete a network assessment and/or provide Revenium with access to the Customer network, as needed, in order to diagnose the issue.

The Cloud Offerings shall be available to Customer not less than 99.99% of the time each calendar month. If, within 10 days of the end of a calendar month, the Customer informs Revenium that the Cloud Offerings is available less than 99.95% of any calendar month during the Term, Customer shall be eligible for a service credit for future Subscriptions equal to the credit formula below. For purposes of this Section, Unavailability shall be defined as the Revenium API being unable to process transactions. Notwithstanding the foregoing, Customer shall not be entitled to service credits under this Section if (A) the Cloud Offerings is Unavailable as set forth in this Agreement as a result of: (a) a force majeure event; (b) any causes contributed directly by Customer, its Affiliates or vendors; (c) software or hardware not provided; (d) regularly scheduled maintenance, provided that Revenium shall use its best efforts to ensure maintenance is done without downtime or (B) the Customer fails to inform Revenium of such Unavailability within 10 days of the end of the month in which Customer determines the Cloud Offerings was Unavailable. 

"Monthly Uptime Percentage" for a given application is calculated by subtracting from 100% the percentage of 1 minute periods during the month which the application was "Unavailable""Monthly Uptime Percentage" for a given application is calculated by subtracting from 100% the percentage of 1 minute periods during the month which the application was "Unavailable"

Revenium will use commercially reasonable efforts to make the Cloud Offerings available 24 hours a day, 7 days a week, except for scheduled downtime of the management console, for which Revenium shall provide at least 24 hours’ notice, and which Revenium shall not schedule during Business Days.

YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Revenium, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF, OR INABILITY TO USE OUR SERVICES AND SERVICE CONTENT AND ANY LOSS RELATED TO CUSTOMER DATA. UNDER NO CIRCUMSTANCES WILL Revenium BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, SERVICE CONTENT, CUSTOMER DATA, OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Revenium ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF Revenium'S SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Revenium'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH Revenium'S SERVICES BY ANY third-party; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING, SERVICE CONTENT) POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Revenium ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION.

You will indemnify and hold us, our agents, employees, directors, suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services and Service Content (including your use of Customer Data with the Services), your violation of these Terms, or your violation of any rights of a third-party through use of the Services or Service Content.

The Services are controlled and operated from Revenium's office in the United States and the EU. Revenium makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States laws, state and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Enforcement of these Terms will be governed by the laws of the Commonwealth of Virginia, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Fairfax County, within the Commonwealth of Virginia, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

If you have any questions or concerns about our Services or these Terms, you may contact us by email at legal@revenium.io

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