Terms and conditions
of support

Introduction

These Netcontent Support and Maintenance Terms (“Terms”) establish the conditions under which Netcontent will provide software support and maintenance services (“Services”) for the Product.

These Terms constitute the sole terms and conditions applicable to the Services. No other terms or conditions shall apply unless expressly agreed in writing between the Netcontent Support team (“Netcontent”) and the Client or Partner.

Definitions

• 1.1 “Covered Product Agreement” means the agreement that provides the terms and conditions for the licensing and use of the Covered Product.
• 1.2 “Core Technology” includes parts of the Covered Product that provide functionality for: workflows, case files and/or forms, document management, dashboards, and fields included in the solution; recognition of letters, numbers, backgrounds, symbols, and more; document analysis for text blocks, image blocks, table blocks, headers, footers, and others; barcode recognition; and table or database structure.
• 1.3 “End-of-Sale Products” means Covered Products that are no longer available for sale to new Clients or Partners and may be subject to limited Services.
• 1.4 “Issue” means any verifiable and reproducible failure of the Covered Product to materially conform to the specifications set forth in the Covered Product Agreement and/or the accompanying documentation.
• 1.5 “Project” means a specific set of files that contain configurations for importing, processing, and exporting documents that can be uploaded into the Covered Product.
• 1.6 “Quote” means a document such as a purchase order accepted by Netcontent or an invoice issued by Netcontent relating to the Services
• 1.7 “Resolution” refers to a workaround provided to the Client or Partner or a fix to part(s) of the Covered Product by Netcontent to address an Issue within the Product.
• 1.8 “ETA Resolution” or “Estimated Time of Arrival Resolution” refers to the time elapsed between the moment Netcontent receives a Support Request from the Client or Partner and the moment Netcontent can provide a non-binding estimate of the time needed to deliver a resolution
• 1.9 “Response Time” refers to the time elapsed between when Netcontent receives a technical assistance request from the Client or Partner and when Netcontent responds to the Client or Partner.
• 1.10 “Resolution Time” refers to the time elapsed from the moment Netcontent receives a technical assistance request from the Client or Partner until a Resolution is provided.
• 1.11 “Support Request” refers to a request submitted by the Client or Partner to Netcontent regarding the functionality or behavior of the Covered Product.
• 1.12 “Term” means the period during which the Client or Partner is entitled to receive Services.
• 1.13 “Supported Product” means (i) the Netcontent cloud-based software provided to the Client or Partner for which Services are rendered; and (ii) any related documentation provided by Netcontent.
• 1.14 “Solution(s)” refers to a set of instructions, procedural steps, or usage clarifications (including the reversal of any changes in the Covered Product or the Client or Partner’s system) intended to avoid or mitigate an Issue. A workaround does not involve the delivery of new programming code for the Covered Product.

Netcontent support and maintenance services for clients or network partners

During the Term, and subject to the payment of any applicable service fees, Netcontent will provide the following services exclusively for the Covered Product, in accordance with the Service Level specified in the applicable agreement between Netcontent and the Partner:

• Netcontent Technical Support Network. The Partner will have access to: (i) Netcontent’s knowledge base, (ii) the Netcontent technical community e-learning platform, (iii) the ticketing tool to submit support requests, (iv) email and/or chat access to submit support requests (if eligible), and (v) the Covered Product documentation/manual and other resources.
• Customer Service. Netcontent’s customer service team will respond to support requests.
• Resolution. For cases in which the Client or Partner is using the product in a live production environment, Netcontent will make all reasonable technical and commercial efforts to resolve reported issues. This may involve correcting a part of the Covered Product or providing an alternative solution that allows the Client or Partner to achieve substantially the same functionality as if the issue did not exist.

Netcontent may, at its sole discretion, offer additional support services beyond those mentioned above. If so, the terms of such additional services will be defined in a separate agreement between Netcontent and the Client or Partner. All services will be provided in Spanish, English, or Portuguese, unless a special language request is made and mutually agreed upon.

Limitations

Services do not cover:

• a. Any modification made to the Covered Product (whether by the Client, Partner, third parties, or as part of Netcontent’s professional services)
• b. Applications developed by the Client’s, Partner’s, or third-party products.
• c. On-site support services (all services are provided remotely).
• d. Systems engineering, programming, or operational procedure services of any kind.
• e. The use, interconnection, or integration of the Covered Product with any operating system, software, hardware, or network system not explicitly specified as compatible by Netcontent.
• f. Use of the Covered Product in ways for which it was not designed.
• g. Issues that cannot be reproduced by the Netcontent support team based on the information provided by the Client or Partner, or that cannot be resolved due to the operational characteristics of the hardware or IT environment used by the Partner.
• h. Inquiries or support requests intended to ensure that the Supported Product is compatible with application servers, platforms, network configurations, or customizations (unless additional services are contracted for customized versions), web browsers, or databases other than those with which the product was originally developed to function.
• i. Database performance optimization and general administration.
• j. Assistance with the use of client-specific applications.
• k. Hardware maintenance.
• l. Assistance or support for errors, deficiencies, or malfunctions related to a Project.

SLA (Service Level Agreement)

Any new support ticket will initially be assigned a severity level by the Partner. Netcontent reserves the right to reclassify any support ticket according to the severity levels defined below. The Partner agrees that, while Netcontent will make all commercially and technically reasonable efforts to meet the Response Time and Resolution Time, such timelines are considered estimated targets only.

The resolution time for issues will begin once the Client or Partner has provided Netcontent with sufficient information to begin diagnosing the issue.

The resolution time will be paused when Netcontent requests that the Client or Partner provide access to the environment or data necessary to verify and/or reproduce the issue, and will resume once the requested access is granted. Netcontent reserves the right to downgrade the severity level if the Client or Partner fails to provide access to the environment or required data within two (2) business days following Netcontent’s request.

Contact channels

Netcontent’s corrective support and maintenance service channels are as follows:

• Email contact: soporte@netcontent.tech

Once the incident is registered, tracking can be done via the support platform. A link will be shared to access and review the traceability and status of the reported incident.

Disclaimer

Issues related to core technology or infrastructure, third-party technology dependencies, or those requiring architectural changes to the Covered Product may take longer to resolve than the resolution times specified in Netcontent’s Support and Maintenance SLA, due to the complexity and risk involved in repair, testing, and deployment. In such cases, Netcontent will provide the Client with a realistic ETA (Estimated Time of Arrival) for resolution as soon as possible, but no later than the target resolution time defined in the SLA.

Incident severity classification

Netcontent’s support team classifies incidents according to the following severity levels:

S1 - Critical / Operational impact

Business operational continuity is halted or the impact affects more than 80% of users.

Scenario or situation

• The incident prevents production operations or core technology is not functioning. Restarting the local system does not resolve the issue, and at the time of creating the support ticket, there is no alternative solution available to start production or reactivate the core technology. Normal business operations are completely disrupted.
• Only impacts production environments; does not include non-production systems such as testing or development environments.
• The issue affects nearly all end users of the Client.

Special conditions for service delivery

• Netcontent's Customer Support team will require access to the client's environment where the issue can be reproduced, or the client must provide sufficient data, information, and log files to allow Netcontent's support team to reproduce the problem in Netcontent’s systems.
• The Client must allocate resources to collaborate with Netcontent from the time the ticket is opened until a Solution or Workaround is provided. Once a workaround is offered, the Client is expected to implement it as per Netcontent’s guidance.
• The severity level will be downgraded once a workaround is provided that enables production systems to function with a performance level sufficient to resume business operations.

This type of incident must prevent production operations. For such cases, Netcontent is committed to delivering a satisfactory response within a maximum of 24 business hours.

S2 - Major / Operational impact

Essential functionality is affecting business continuity, and no workaround is available.

Scenario or situation

• Failure in critical functionality of the Covered Product, such as instability requiring system restarts or severe performance degradation that significantly impacts key business operations. The production system is still operational but limited. A workaround that would restore operations to an acceptable level is not available at the time of the support request.
• Core technology degradation affecting a large subset of documents and processes critical to business operations, or other supported product technologies that impact a large subset of documents or processes, thus significantly affecting the Partner’s business continuity.
• Applicable to production systems and to test environments only when there is a critical impact on project delivery timelines or system upgrade deadlines.
• The issue affects the majority of end users.

Special conditions for service delivery

• Netcontent Support will require access to the Client or Partner’s environment where the issue can be reproduced, or the Client or Partner must provide sufficient data, information, and log files to allow Netcontent to reproduce the issue.
• The severity level will be downgraded once a workaround is provided that restores the functionality of the supported product to an acceptable operational level.

S3 - Default / Operational impact

This severity level is assigned to a new support ticket by default unless the scope of the technical issue qualifies for a different severity level.

Scenario or situation

• Functional limitations of the Covered Product that are not critical to the Client’s day-to-day operations.
• Issues that might otherwise fall under a higher severity level but can be avoided or mitigated with a workaround involving adjustments to third-party products or Client environment configuration, provided such workaround does not substantially affect the Client’s business operations.
• Issues specific to a particular document, process, or batch, and occurring infrequently enough that they do not significantly impact business operations.
• Any degradation in image enhancement, OCR, classification, extraction, document management, automated processes, or other Covered Product technologies that affect only a small subset of the Client’s documents or document-based processes.
• The issue affects only a small group of the Client’s end users.

Special conditions for service delivery

• Netcontent Support will require access to the Client or Partner’s environment where the issue can be reproduced, or the Client or Partner must provide sufficient data, information, and log files for Netcontent to reproduce the issue.
• The severity level will be downgraded once a workaround is provided that restores the functionality of the supported product to an acceptable level.

S4 - Low / Operational impact

Business continuity is not affected.

Scenario or situation

• Any feature request.
• Any issue that has no commercial impact.
• Any isolated issue related to image enhancement, forms, templates, OCR, classification, extraction, document management, automated processes, or other Covered Product technologies that are specific to a particular document.

Special conditions for service delivery

• Netcontent Support will require access to the Partner's environment where the issue can be reproduced, or the Client or Partner must provide sufficient data, information, and log files to allow Netcontent to reproduce the issue.
• Netcontent reserves the right to analyze and assess whether the request corresponds to a productive error or should be handled as a new feature request to be addressed by the Professional Services team.

Customers responsability

The Client or Partner must: (i) Ensure that all users are properly trained to use the Covered Product; (ii) Commit to maintaining a reasonable level of technical expertise among their staff; and (iii) Ensure that personnel are certified in the Covered Product, when required by Netcontent.

Failure to meet these requirements may result in Netcontent, at its reasonable discretion, refusing to process support requests or downgrading the severity level of the ticket.

Notwithstanding any provision to the contrary, to provide a workaround, if the issue arose after changes in the Client’s or Partner’s software or hardware systems, Netcontent may provide a solution that involves reverting such systems to their previous state (i.e., the state before the changes). The Client or Partner agrees to accept such a solution and must ensure that procedures and technical resources are in place to support this reversion.

General

Netcontent will make all technically and commercially reasonable efforts to provide the Services in accordance with these Terms; however, the Client or Partner acknowledges that Netcontent cannot guarantee that every question, incident, issue, or report raised by the Client or Partner can or will be resolved. Nothing in these Terms shall extend or add any warranty to the Covered Product beyond what is already stipulated in the Covered Product Agreement or any other agreement with Netcontent governing the use of the Product. These Terms apply only to Services obtained by the Client or Partner directly from Netcontent.

Term and termination

The Client or Partner is entitled to receive Services for the duration of the annual subscription term. The term begins on the date (the “Start Date”) the Client or Partner is granted the right to use the Covered Product. The initial term shall remain in force for 12 months (or as specified in the applicable quote or otherwise in writing) starting from the first day of the full calendar month following or including the Start Date (e.g., if the Start Date is October 1, the term runs from October 1 to September 30 of the following year; if it is October 8, the term runs from October 8 to October 31 of the following year).

Thereafter, subject to payment by the Client or Partner of the applicable Services fee, the term will automatically renew for additional 12-month periods (or as otherwise agreed in writing) unless either party provides notice of non-renewal at least thirty (30) days prior to the expiration of the current term. Failure to provide such notice will result in automatic renewal, and the Client or Partner may be liable for the additional annual service fee. If the Client or Partner fails to pay any invoice within thirty (30) days of the invoice date (unless otherwise specified), Netcontent may suspend Services until payment is received.

Netcontent reserves the right to decline service renewals for any reason or no reason. A lapsed service term of up to one (1) year may be reinstated once the Client or Partner pays the reinstatement fees in accordance with Netcontent’s then-current policy. Such fees are in addition to the annual service fees.

Fees and payment

The Client or Partner shall pay Netcontent the applicable fees for the Covered Product. Any service fees, if applicable, shall be paid according to the agreement between Netcontent and the Client or Partner or per the applicable Quote, within thirty (30) days of the invoice date, unless otherwise specified, and will begin accruing from the first day of the month following the month in which the right to use the Covered Product is granted.

he fee for the Services provided during any partial month at the beginning of the Term (i.e., from the Start Date to the first day of the next full calendar month) is considered included in the fees under the Covered Product Agreement. The payment terms herein are subject to Netcontent’s prior credit approval. Netcontent may charge interest on any overdue amounts at the lower of the agreed-upon rate or the maximum rate permitted by applicable law, from the due date until payment is received in full.

Netcontent may change service fees for any renewal period with prior notice to the Client or Partner before the start of the renewal period. Fees are exclusive of taxes, and the Client or Partner is responsible for all applicable sales, use, service, or similar taxes. If the Client or Partner purchases enterprise-level Services for any Covered Product license, they must subscribe to the same Service Level for all such licenses held.