Support Service Terms and Conditions
These Support Service Terms and Conditions (as amended or supplemented, the “Support Service Terms”) govern the Support Services provided by us to you with respect to our BioTrack™ and Cannalytics® Software Services and supplement and are incorporated into and made part of each Sales Order and our Service Terms (collectively, the “Agreement”) and are acknowledged and agreed by your execution of the applicable Sales Order. Any capitalized terms used but not defined in these Support Service Terms have the respective meanings given to such terms in the Service Terms. From time to time, in our sole discretion, we may amend these Support Service Terms. Such changes will become effective upon notice to you but will not apply retroactively. By continuing to Use our Services, you agree to be bound by such amended Support Service Terms.
Subject to the SUPPORT EXCLUSIONS below, your payment of all applicable Fees, your compliance with the restrictions and responsibilities under Section 7 (Your Restrictions and Responsibilities) of the Service Terms and the other terms of this Agreement (including any applicable Sales Order), we are responsible for and agree to, at all times during the Software Services Term (as defined in Section 4.1 of the Service Terms), unless a different time period is specified in the Sales Order: (a) provide call center and internet support for the Software Services Monday through Friday (other than identified holidays), 10:00 a.m. through 7:00 p.m., Eastern Time, through the main Customer Support numbers available on our website located at the following URLs: https://www.biotrack.com/ for BioTrack™ and https://www.cannalytics.io/ for Cannalytics® or by email to [email protected] for BioTrack™ and [email protected] for Cannalytics® (emergency inquiries outside of our support hours should be directed by email under the subject line “Urgent: Immediate Support Requested”); (b) respond to support calls from our customers on an as-available basis based on the criteria of first-come-first-served and relative degree of need as determined by us (in particular, emergencies will take priority over general questions); (c) make commercially reasonable efforts to resolve Software Services’ defects or errors reported by you; and (d) make available, as applicable, at no extra charge to you during any Software Services Term, the current version of the Software Services as made generally available to other Software Services’ customers during such period (if we charge a fee for a new version of the Software Services to our supported customers, then that version will be made available to you at the same prevailing fee).
For any application data that resides on networks managed by you, you must (a) perform regular (i.e. daily or weekly) complete database backups (including to a separate location or server to enable recovery in the event of any loss of the primary location or server), which may be achieved either through a cloud backup solution provided by us or through a local or cloud backup solution you provide and in either case must NOT be done while you are utilizing the Software Services; (b) if backup is provided by you, rotate and appropriately archive all media; (c) utilize and maintain a high-speed Internet connection (for which you are solely responsible); and (d) provide full (including remote) access to all equipment, software, systems and other resources requiring, or associated with, repair.
In connection with the Support Services, you agree to receive calls from us at any of the telephone numbers (including mobile telephone numbers) that we have collected for you, including telephone numbers that you have provided us or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number and acknowledge that standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree that we may contact you in the manner described above at the telephone numbers we have in our records to contact you (a) for reasons relating to your account or your use of our Services or as authorized by applicable law; (b) for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out by providing notice to our Customer Support. You acknowledge and agree that we have no liability associated with or arising from your failure to maintain accurate contact or other information, including your failure to receive critical information about the Services. We may share your telephone numbers with our service providers that we have contracted with to assist us in pursuing our rights or performing our obligations under the Service Terms, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent. We may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with our Customer Support may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
In addition to any other exceptions, exclusions or other limitations set forth in the Service Terms, our obligations during the Support Services Term shall exclude any of the following (except to the extent otherwise set forth in the applicable Sales Order): (a) any non-conformance, error, defect or other issue related to or arising from any failure to comply with any restrictions or responsibilities under Section 7 (Your Restrictions and Responsibilities) of the Service Terms or under YOUR RESPONSIBILITIES in these Support Service Terms (or any of your other obligations or responsibilities under this Agreement (including any applicable Sales Order)); (b) integration with or support of any Third Party Materials, including issues related to or arising from your or third party systems, hardware, software, networks, connections or infrastructure; (c) issues related to or arising from unauthorized installers of BioTrack Materials or any modification or unauthorized or improper use of the Software Services; (d) general training of your personnel; (e) Services, support or other assistance provided onsite; (f) assistance with database conversions, entry, corrections, extractions or upgrades or any set up, support or maintenance of additional production databases; (g) network or systems’ analyses, disaster recovery assistance or general operations support; (h) material Software Services configuration changes; (i) support of any Custom Software; (j) support and maintenance in cases where repeated operator-produced error by the same user(s) continues to occur despite notification to you; (k) support and maintenance necessitated by your failure to provide adequate internal controls to ensure accuracy and appropriate use of the Software Services and compliance with federal, state and local regulations and auditor requirements; (l) updates or enhancements to conform to any changes in local (i.e. not federal or state) government regulations; (m) Services, support or other assistance related to or arising from any of the foregoing; or (n) travel, living or other expenses associated with any of the foregoing. Services provided by us that do not constitute Support Services will be billed at our then-current rates.