Last Updated: March 3, 2023
1.1 “Business Hours” means any hour occurring between 9am ET and 5pm ET on any day excluding Saturday, Sunday and any day which is a legal holiday under the state laws of New York or is a day on which banking institutions located in New York are authorized or required by law or other governmental action to close.
1.2 “CMNS” means Argyle’s change management notification system, available at changelog.argyle.com (or successor system designated by Argyle).
1.3 “Data Location Error” means an issue with respect to the interoperation between the Platform and a Data Location adversely affecting Consumers’ or End Users’ use of the Platform. Data Location Errors are not Service Errors.
1.4 “Error” means a Service Error or a Data Location Error. Errors are classified as follows:
The Error renders the Platform inoperative or prevents Consumers or End Users from effectively using the Platform (e.g., the API, Console, or Link is down).
The Error materially restricts the use of the Platform (e.g., primary Platform features are unavailable with no reasonable workaround, or is a Data Location Error affecting ≥10% of Consumer accounts connected to Customer (assuming at least 1000 connected accounts)) but material operations of the Platform can otherwise continue in a restricted or altered fashion.
The Error causes a significant adverse effect on use of the Platform (e.g., secondary features are unavailable with no reasonable workaround, or is a Data Location Error affecting ~ 5%-10% of Consumer accounts connected to Customer (assuming at least 1000 connected accounts)).
The Error causes minor inconvenience (e.g., cosmetic problems) but does not impede the general operation of the Platform (e.g., because a reasonable workaround is available). Priority 4 Errors include all Errors that are not classified as Priority 1, Priority 2, or Priority 3.
1.5 “Error Correction” means a bug fix, error correction, patch, or other modification or addition that, when made or added to the Platform, resolves an Error.
1.6 “Level 2 Support” means responding to and addressing issues not resolved under User Support, including significant Customer, End User, or Consumer problems relating to the operation of the Platform and assisting users in interfacing with other vendors if problems arise as a result of interoperability issues relating to the Platform and other software or hardware used by Customer and consistent with the Documentation.
1.7 “Service Error” means a defect, or combination of defects, in the Platform that result in a failure of the Argyle to function in accordance with the Documentation.
1.8 “Status Site” means Argyle’s website displaying uptime measurements and information regarding outages and other incidents affecting the Platform available at status.argyle.com (or successor system or website designated by Argyle). Customer may subscribe to receive Status Site updates (e.g., when Argyle creates, updates, or resolves an incident) as described on the Status Site (e.g., via email, SMS, Slack, Atomic, or RSS).
1.9 “Update” means an Error Correction and other updates to the Platform (or applicable portions, applications, components or features of the Platform).
1.10 “User Support” means responding to and solving basic user problems relating to the Platform. User Support includes: (a) responding to questions from Customer’s End Users regarding the Documentation or use of the Platform, and (b) using reasonable efforts to diagnose the root cause of any incident.
2.1 General. Argyle will provide Customer with User Support and Level 2 Support during Business Hours. Customer may access information about the status and availability of services via the CMNS and Status Site (or successor systems or processes, as designated by Argyle). Argyle will respond to Customer support requests in writing, will begin issue investigation after Argyle’s receipt of that request, and will use its best efforts to resolve requests and issues as soon as possible.
2.2 Error Reporting and Correction. Customer may report Errors to [email protected], of, if Customer has ordered access to Console, via Argyle’s Zendesk portal available in Console, including reasonable detail regarding the nature of the Error (e.g., narrative descriptions and, if available, screen-shots of the issue Customer’s proposed Error classification).
Argyle’s Error acknowledgement, workaround, resolution, and reporting targets, and customer communication response targets are as follows:
1 Business Hour
2 hours from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
24 hours from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
Every 2 Business Hours from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
2 Business Hours
2 Business Hours
4 hours from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
48 hours from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
Every 4 Business Hours from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
4 Business Hours
3 Business Hours
7 days from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
2 weeks from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error
Daily from the earlier of Acknowledgement or when Argyle otherwise becomes aware of the Error, and otherwise on request to Customer's primary point of contact (subject to the Communication Response target
8 Business Hours
4 Business Hours
Next maintenance release of the applicable software
On request to Customer's primary point of contact (subject to the Communication Response target)
16 Business Hours
Argyle will use commercially reasonable efforts to resolve each Error in the timeframes set forth above, or within a timeframe as the parties may otherwise agree, utilizing qualified technical support and developer personnel, as needed, to work on the Error until it is corrected. If an Error is not resolved within the applicable target, Argyle will further escalate its efforts. Argyle may provide Reporting via the CMNS or Status Site. Customer may subscribe to receive CMNS and Status Site updates as set forth at the CMNS and Status Site (e.g., via email, Slack, RSS, etc.).
2.3 Maintenance. Without limiting Section 2 (Support), Argyle issues Updates from time to time according to its development schedule, for which Argyle maintains exclusive control. Argyle notifies customers of material Updates via the CMNS.
2.4 Purchases through Resellers. Except as otherwise expressly agreed by Customer and Argyle, where Customer receives the Platform under a Reseller Order, Argyle will provide the support and maintenance services contemplated under this support policy direct to the applicable Reseller only. Where this policy contemplates an action by Customer, Customer should initiate such action through the applicable Reseller. For example, in the event of an Error, Customer should inform the Reseller of the Error, who will then be able to report the Error to Argyle in accordance with this policy.