Waterfall Security Solutions Ltd. (“Waterfall”) shall use commercially reasonable efforts to provide the support services the (“Support Services”) described in these Support Service Terms (“SST”).

1. Definitions

Below are the definitions of various terms used throughout this SST. Terms not otherwise defined herein, shall have the same terms ascribed to them in the Waterfall General Terms and Conditions for the Sale of Goods and Provision of Services (the “T&Cs”) or Waterfall’s End User License Agreement (“EULA”), as applicable.

Customer – The party identified as the purchasing entity of Waterfall Products and the Services.

Incident – A circumstance which prevents Customer from utilizing the installed Waterfall Product in a normal operational mode.

Severity Level Definitions: 

• Critical Incident (Severity 1)– The Waterfall Product has a Critical Incident if: the System is installed and running in a production environment (e.g., not a lab, a POC etc.) and there is a complete failure in which no field procedure resolves the Incident; or the System needs to be reset several times a day; or the functionality of the System is drastically impaired.  A Critical Incident that can be by-passed or avoided is considered a Major Incident.

• Major Incident (Severity 2)– The Waterfall Product has a Major Incident if: The System administration or major maintenance functions are severely impaired; or there is intermittent failure of System services; or the System restarts and/or resets resulting in loss of some user functions.  A Major Incident that can be by-passed or avoided is considered a Minor Incident.

• Minor Incident (Severity 3)– Any other Incident that is not defined as a Critical Incident or Major Incident.

Response Time – Measured from the time Customer initially reports the Incident to Waterfall according to the requirements of these Support Service Terms, until Waterfall’s support team responds to Customer’s contact.

Site – Customer premises where the Waterfall Products are installed.

System: Waterfall’s set of components which includes hardware and/or software.

Waterfall Product – Waterfall’s products purchased by Customer which are identified as being currently under the Support Services. The Waterfall Products includes any software embedded with the hardware or provided with the hardware.

2. Continuous Support

Customer hereby acknowledges that Service Plans (as defined below) are to be ordered contemporaneously with the purchase of the Products. The Service Plans supplement the Limited Software Warranty and Hardware Warranty. In case Customer chooses not to purchase or renew its Service Plan at the end of the current service term, Customer hereby acknowledges that Waterfall may, but is not obligated to, agree to initiate or renew the Support Services after a lapse in Support Service coverage. If renewed by Waterfall, the renewal coverage will be backdated to run consecutively from the end of the preceding service term, and the Support Service fees will be calculated accordingly.

3. Service Plans

Waterfall offers a Standard Plan and a Premium Plan (each “Service Plan”), as detailed below.

Service Plan Details

If a new Software Update is required to resolve the Incident, the Software Update release date will be provided to Customer by Waterfall.

4. Incident Reporting

Incidents can be reported through one of Waterfall’s points of contact listed below.  In reporting the Incident, Customer shall provide all requested information to Waterfall in sufficient detail to permit Waterfall to adequately assess the Incident.

Contact Options:

5. Waterfall Support Obligations

• Waterfall will use commercially reasonable efforts to be available during the hours of availability above, based on the level of the Service Plan, and respond to Customer’s contact within the period set forth above. Waterfall will work with Customer during the applicable windows of availability to resolve the Incident; provided that, Customer agrees that while Waterfall will use commercially reasonable efforts to assist Customer in resolving the Incident remotely, not all Incidents can be resolved remotely, and Waterfall may need to have the Waterfall Product returned to Waterfall, a replacement Product provided or a have a Software Update installed.  Customer agrees to assist Waterfall in the triage of the Incident and follow Waterfall’s reasonable instructions. Waterfall may suspend Support Services for a Waterfall Product if Customer fails to follow Waterfall’s reasonable instructions, including returning the Waterfall Product to Customer or installing a Software update.

• If Customer has incorrectly classified Incident, Waterfall reserves the right to reclassify the Incident as needed and the response time shall be measured based on the reclassification of the incident by Waterfall.

6. Additional Terms

• The T&Cs and the EULA are an integral part of these SST and all the terms and conditions specified therein apply, unless specifically agreed otherwise in writing by the parties. In case of inconsistency between these Support Service Terms and any of the other documents, order of precedence is: (i) the EULA, (ii) the T&Cs, and (iii) the Support Service Terms.

• Waterfall’s responsibilities for the Waterfall Products ends at the cross connection to other vendor or Customer equipment. If the Incident appears to be resulting from the cross connection or in the other equipment not provided by Waterfall, then Customer should refer the Incident to the vendor serving that equipment. Waterfall will reasonably cooperate with Customer and the other equipment vendors with the aim of resolving such Incidents.

• Waterfall shall have no responsibility to support any Product in which any defects are attributable to: (i) ordinary wear and tear, (ii) misuse, abuse or neglect, (iii) improper installation or maintenance, (iv) improper use of the Product, including not in accordance with any of Waterfall TCs, EULA, the Product Documentation, or any applicable law, (v) use of the Product not for its intended purpose, (vi) use of the Product together with other third party products or systems, (vii) use of the Product which results in conditions exceeding the design tolerance of the Product, (viii) modifications, alterations or repairs not expressly authorized, in writing, by Waterfall, (iv) severe weather conditions or acts of nature, including but not limited to lightning or floods; (x) power surges, (xi) accidental damages, (xii) a previous version of the Software, where an Update has been provided, (xiii) any failure of Customer to comply with any advice or instructions of Waterfall.

• All terms of these Support Service Terms are confidential information of Waterfall and must be protected by Customer as such, and no part of these Support Services Terms may be reproduced in any form whatsoever or used to make any derivative work without prior written approval by Waterfall.

• Waterfall reserves the right to revise this SST, and/or make improvements or changes in the program(s) described in this SST at any time without prior notice, provided that such changes do not adversely affect Customer’s rights under the applicable Service Plan.

• THERE ARE NO REPRESENTATIONS OR WARRANTIES PROVIDED IN CONNECTION WITH THE SUPPORT SERIVCES WHICH ARE PROVIDED AS IS, AND WATERFALL SECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULR PURPOSE AND MERCHANTABILITY.

• WATERFALL SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT OR OTHER SIMILAR DAMAGES SUFFERED BY YOU, OR ANY PERSON CLAIMING THROUGH YOU ARISING OUT OF OR RELATING TO THE SUPPORT SERVICES OR THE PRODUCT (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOST REVENUE, LOSS OF BUSINESS, LOSS OR CORRUPTION OF DATA, LOSS OF CUSTOMERS AND CONTRACTS, LOSS OF GOODWILL, THE COST OF PROCURING REPLACEMENT GOODS OR SERVICES, AND REPUTATIONAL DAMAGE), EVEN IF WATERFALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY).