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Solution Accelerator Program Support Terms

Solution Accelerator Program Support Terms

1. Definitions. As used in these Support Terms, the following terms will have the following definitions:

1.1 “Solution Accelerator Program” is a quarterly support subscription that accompanies a Particle Growth account (as described in Particle’s online Terms of Use Agreement).

1.2 “Device” means a hardware device sold to Customer by Particle that has been provisioned to access the Particle Platform through use of Particle’s system firmware (“Particle Firmware”).

1.3 “Particle Platform” means Particle’s cloud-based infrastructure and device integration system, including fleet management, data routing and over-the-air software updates.

1.4 "Supported Device" means a Device that is using a version of the Particle Firmware that is then supported by Particle, as set forth at support.Particle.io.

1.5 “Error” means a reproducible and documented failure of a Supported Device or the Particle Platform to operate in all material respects in accordance with applicable Documentation.

1.6 “Documentation” means the Particle Platform Guide, with respect to the Particle Platform, and Particle’s standard data sheets and functional hardware specifications (together with any additional specifications agreed on in writing between Particle and Customer) with respect to the Devices.

1.7 “Business Days” means Monday through Friday, exclusive of public holidays, in the region in which Customer is located and support services are provided. In North America, public holidays shall be those federal holidays observed in the United States. In Europe, public holidays shall be those observed in the UK.

2. Support Commencement. Customer will be assigned a Particle resource to assist the Customer in its implementation of the Devices and Particle Platform upon execution of the Agreement, including advice on best practices and scaling, with reference to Customer’s business. Such advice shall address how Customer can best connect Devices; publish data; access and implement updates to Particle Firmware; deploy Customer firmware; and retrieve data from the Particle Platform. Customer will designate and make available a business resource and a technical resource to assist in the set-up process. Customer acknowledges that the participation of such Customer resources in connection with this process is necessary for successful support.

3. Fees and Payment Terms. The Solution Accelerator Program support subscription is made on a quarterly basis (each a "Support Subscription Term”). You will be charged a quarterly subscription fee ("Support Subscription Fee") as stated in your Particle Billing Portal page in addition to your Growth Block subscription. The initial quarterly Support Subscription Fee will be charged at the time you create your Growth-Service Account. Your support subscription will automatically renew each quarter for a maximum of three (3) quarters total. The Support Subscription Fee will be charged quarterly, in advance. All Support Subscription Fees are non-refundable.

(i) Taxes. Particle's fees are net of any applicable sales or use tax ("Sales Tax"). If any payment made under this Agreement is subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Particle, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority.

4. Support Tools. Provider will make available to Customer various online self service and product tools to enable Customer to better address certain issues without the need to request support from Provider. Customer will also be able to participate in Provider’s online developer forum.

5. Ongoing Support Relationship. Particle will assign a Technical Account Manager to assist Customer in day to day issues. To avoid disruption to Customer, more than a single individual may be named to fill such positions with respect to Customer’s account. For expedited response the customers advised to submit technical issue to support@particl.io.

6. Support Services. As further described in this Exhibit, Particle will provide email support to Customers on Business Days from 9am-5pm PT for Customers located in North America and Latin America, 9am-5pm GMT for Customers located in Europe, Middle East and Africa, and 9am-5pm AEST for Customers located in Asia and Pacific Islands.

7. Priority Levels. The response and correction activities described below are based on the level of impact (the "Priority Level") of the Error.

  • Priority 1. URGENT - Complete loss of or a significant part of my fleet on a supported Device OS version* is down and unavailable resulting in loss of business and no immediate workaround is available. Requires immediate technical support.
  • Priority 2. HIGH – Major feature of a Supported Device or the Particle Platform is disrupted, resulting in reduced quality of service. A workaround exists but results in business inconvenience. The issue is urgent, but not critical.
  • Priority 3. NORMAL – Issue impacting the normal use of a Supported Device or Particle Platform, including billing issues. There is a workaround and the issue requires assistance to resolve.
  • Priority 4. INQUIRY – General requests for assistance or support in using or implementing Supported Devices or the Particle Platform

*Particle is committed to maintaining and supporting two (2) major production versions of Device OS. Customers operating an unsupported version or in development and testing are considered Priority 2 issues and are encouraged to work with our technical support team to update to a supported version of Device OS.

8. Response and Correction. Particle will respond to any Error reported by Customer within the target response times described in the table below for the applicable Priority Level. With respect to any Priority Level 1 Error, Particle will commence work on a resolution within the stated response time and will work continuously and diligently thereafter to correct such Error. With respect to Priority 2 Errors, Particle will use reasonable efforts to correct such Error as soon as possible. An Error correction may be provided in the form of a modification or a workaround.

  • Priority Level 1**. Response Target: 1 Business Hour*. Resolution Target: 2 Business Days to de-escalate to Priority 2
  • Priority Level 2. Response Target: 4 Business Hours. Resolution Target: 2 Business Days
  • Priority Level 3. Response Target: 2 Business Days. Resolution Target: 5 Business Days
  • Priority Level 4. Response Target: 3 Business Days, Resolution Target: 7 Business Days

*A "Business Hour" means an hour during a Business Day. **A Priority Level 1 request results in an immediate notification to Particle’s on-call support resource. Customer should have qualified personnel available to work with a Particle support engineer on diagnosis and troubleshooting.

9. Requests for Support. To be covered by these Support Terms, requests for support must be made as directed by Particle and must include all information reasonably requested by Particle. Customer will classify the Priority Level in their initial support request. Particle may modify the Priority Level with notice to Customer, based on Particle’s reasonable assessment of the impact of the applicable Error. All support will be provided in the English language only.

10. Cooperation. Customer will cooperate with Particle as reasonably requested in the testing and resolution of any Error, including providing access to Customer products, systems, and personnel as needed. Customer will follow Particle’s reasonable instructions in connection with any correction provided by Particle and will otherwise cooperate fully with the implementation of any correction.

11. Exclusions. Particle’s support obligations will not apply in the event of any failure to cooperate in the implementation of any correction as reasonably requested by Particle or in the event any of the following Exclusions apply:

(i) the problem results from components or products that are not provided to Customer by Particle;

(ii) the problem results from modification or alteration of the Supported Device by any party other than Particle (or a party acting in accordance with Particle's instructions);

(iii) the problem results from physical or other damage to the Supported Device, including normal wear and tear;

(iv) the problem results from Customer's implementation, integration or testing, including failure to implement, integrate or test the Supported Device in accordance with any applicable instructions;

(v) the problem results from failure to use the Supported Device in accordance with the applicable Documentation, including any recommended ratings or parameters;

(vi) the problem results from use of the Supported Device with hardware that is electrically or mechanically incompatible with the Device;

(vii) the problem is caused by signal reception issues, including Wi-Fi connectivity issues (other than those caused by an Error);

(viii) the problem results from a performance failure from a mobile virtual network operator (MVNO) or cellular carrier issue;

(viii) the Supported Devices suffering the problem have had their serial number altered or removed; and

(ix) the problem results from Customer’s use of a non-supported version of the Particle Firmware.

In the event it is found that an Exclusion applied to a support request, Particle will be entitled to charge Customer reasonable fees in connection with Particle's investigation and determination under this Section.

14. Modification of Support Terms. These Support Terms may be modified by Particle at any time.