Product customer support
Last Updated April 1, 2022.
This Supplement is incorporated by reference into our General Terms and forms a part of the Order Agreement to which you and we are Parties. Capitalized terms used without definition in this Supplement have the corresponding meaning set forth in the General Terms.
Certain Definitions.
As used in this Supplement, the following terms have the following meaning:
“Support Services” means our standard support services for the Products (other than RIO Licensed Software) that we provide at no additional charge to you and our upgraded support services (such as our Concierge and Premium levels) that you may purchase from us. Support services for our RIO Licensed Software are addressed separately in Supplement G.
“Updates” means any Product changes that we make generally available without requiring the payment of additional fees.
“Upgrades” means any Product changes that we make available for an additional fee, in which case you may not use Upgrades unless you have acquired such right as part of your Support Services, or you separately pay for it.
Availability.
We will use commercially reasonable efforts to make the Products available 24 hours a day, 7 days a week, except in the case of:
(a) Scheduled Maintenance. We routinely perform scheduled maintenance of the infrastructure and software used to provide the Products and Services, during which time you may experience some service disruption.
(b) Emergency Maintenance. From time to time, we may need to perform emergency maintenance, during which time we may temporarily suspend your access to or use of the Products and Services. We may not be able to wait until the next regularly scheduled maintenance window and we may not be able to provide advance notice, but we will use commercial reasonable efforts to notify you in advance.
(c) Force Majeure Event. Any Force Majeure Event that we may experience relating to any Product or Service.
(d) Third Party Services. Any downtime caused by any internet service provider, third party hosted service provider or telecommunications carrier.
(e) Your Act or Omission. Any act or omission by you, any Licensed Users or any third party related to you or any Licensed Users.
Technical Support.
We will use commercially reasonable efforts to maintain a standard response time to technical support issues, which will depend on the complexity of the inquiries and our support request volume. Our technical support team assigns the highest priority to customer inquiries relating to Platform access issues.
Support Services.
Subject to your payment obligation, we will provide the product customer support you have acquired in an Order Agreement.
Continuous Development.
You acknowledge that we may continually develop, modify, update and add capabilities and features or functionality to any of the Products, provided that, without your prior consent, we will not materially reduce the core functionality of any Product subject to an Order Agreement during the current Order Term. Each such update or modification will be made available to you as an Update or offered to you as an Upgrade.
End of Life.
You further acknowledge that we may end the life (“EOL”) of any Product, including component functionality, by providing written notice to you or by posting on the BlackSky Website. If you prepaid a fee for your use of the applicable Product that becomes EOL before the expiration of your then-current Order Term, we will use commercially reasonable efforts to transition you to a substantially similar Product. If we do not have a substantially similar Product, we will credit you any unused portion of the prepaid fee for the Product that has been declared EOL. The EOL credit will be calculated from the last date the applicable Product is available to the last date of the applicable Order Term. Such credit can be applied toward the future purchase of BlackSky products or services.