VAST DATA SERVICES & SUPPORT TERMS AND CONDITIONS

Updated: March 17, 2022

The VAST Data Services & Support include software updates and upgrades, software support and maintenance, hardware managed services, and other related services provided to ensure the successful operation of VAST Software. The operational procedures described are provided and governed by the terms and conditions of the EULA, an applicable Order, and apply only during a valid and fully paid Services Term. These operational procedures are intended to outline the aspirational commitments and processes to secure VAST Data support services.

All capitalized terms that are not defined herein shall have the meaning ascribed to them in the VAST DATA – END USER SERVICES AND LICENSE AGREEMENT, available at https://vastdata.com/end-user-agreement/ , as may be updated from time to time (“EULA”).

1 SUPPORT COMMITMENTS AND PROCESSES
1.1 GETTING STARTED: HOW TO CONTACT US

The services are available 24/7/365. You can engage with us via the following channels:

* Email us at customer.support@vastdata.com to request login credentials.

1.2 SUPPORT COMMITMENTS & PROCESSES

VAST Data services and support team will assign a severity level to each support ticket based upon the impact of the request/problem. Severity levels are defined as follows:

Severity Level Description Initial Response Time Response Description
Critical A severe problem preventing customer or workgroup from performing critical business functions. Up to 30 Minutes (local time) 24/7 Response in 30 minutes, or less, with a support engineer helping to resolve the issue, escalating to engineering (if required) or working towards lowering the priority with a workaround.
High The customer or workgroup able to perform job function, but performance of job function degraded or severely limited. Up to 2 business Hours (local time) Response in 2 local business hours, or less, with support engineer helping to answer a question, resolve an issue, escalate to engineering (if required).
Medium The customer or workgroup performance of job function is largely unaffected. Up to 4 business Hours (local time) Response in 4 local business hours, or less, with support engineer helping to answer a question, resolve an issue, escalate to engineering (if required).
Low Minimal system impact; includes feature requests and other non-critical questions. Up to 8 business Hours (local time) Response in 8 local business hours, or less, with support engineer helping to answer a question, resolve an issue, escalate to engineering (if required)
2 SERVICE COMMITMENTS AND PROCESSES
2.1 VAST CO-PILOT SERVICES

A VAST Senior Level Engineer, a “Co-Pilot”, will be assigned to each new customer. Co-Pilots are experts in the VAST solution who work with you to handle all aspects of system management and proactive monitoring, life-cycle planning, expansion, and day-to-day operations.

2.2 UPLINK SERVICES

VAST UPLINK: Uplink is the remote Call Home service that, if enabled by customer, allows Customers, VAST’s Customer Success Team and Copilots to monitor and troubleshoot Universal Storage clusters from anywhere around the world. VAST Uplink is a primary component in VAST’s overall support services strategy as it provides the secure mechanism to enable the technical support team to monitor the health and utilization of VAST clusters as well as to proactively identify issues, understand historical context, and resolve an issue prior to business impact. VAST Link is securely returning telemetry to VAST Data’s cloud-based management platform 24/7 to enable real-time support responsiveness. Additional information detailing VAST Uplink’s security and access controls can be found here: https://support.vastdata.com/hc/en-us/articles/360019457740-Configuring-Call-Home-Settings

DARK SITE: VAST Data defines a “Dark Site” as a customer environment that is configured to be prohibited from using the Uplink remote monitoring service and from returning pre-defined compatible hardware when using VAST’s Compatible Hardware Replacement Managed Services. For Dark Sites, because VAST Data is unable to constantly monitor and remotely debug their environment, the VAST technical services and support teams are more dependent upon the customer’s administrators to take an active role in monitoring and in troubleshooting solution issues

2.3 COMPATIBLE HARDWARE MANAGED SERVICES

VAST Data’s support team will manage Compatible Hardware replacement as part of our managed services and support offering.

2.3.1 The hardware managed services are only provided for Compatible Hardware purchased by customer from a VAST Data authorized provider, unless otherwise agreed to in advance by VAST Data.

2.3.2 VAST Data will act as your agent and manage the warranty and replacement parts process and arrange repairs from authorized partners or the OEM.

2.3.3 Included within the scope of the hardware managed services, VAST Data will coordinate or provide a replacement of any failed part with a functional equivalent that will have equal or higher specifications. Replacement parts may be new or refurbished, at VAST Data’s discretion. All defective parts must be returned by customer to VAST Data pursuant to VAST Data’s (or its authorized provider) written return material authorization (“RMA”). If customer has purchased services for a Dark Site, all defective parts except for Dark Site relevant hardware must be returned by customer to VAST Data pursuant to VAST Data’s (or its authorized provider) written return material authorization (“RMA”). If customer does not follow the RMA instructions, VAST Data may invoice customer (either directly or through its authorized providers) for the full cost of the replacement part(s). Returned and defective parts become VAST Data’s property.

2.3.4 Hardware Replacement Shipping and Handling Managed Services

2.3.4.1 Shipment of certain replacement parts will be shipped same business day, shipping to the customer location via expedited shipping services.

2.3.4.2 Same-Day Shipments are subject to a 4pm local time cutoff (according to the place of shipping) and may be impacted by local holidays, import delays and other situations outside of VAST’s or its’ authorized provider’s direct control.

2.3.4.3 Not all support options are available in all locations. Please verify desired capabilities with VAST Data prior to placing an order. For onsite support offerings sold for sites that require special or specific security clearances, VAST Data requires pre-scheduling, which may exceed the “next business day” service goals.

2.3.4.4 Onsite parts and labor commitments begin at the time of VAST Data’s determination of the need to provide a replacement part and onsite labor if applicable.

2.3.4.5 Failed units must be returned as soon as practical (no later than 30 days from receipt of the replacement part) or be subject to invoice.

2.3.4.6 Risk of loss for Compatible Hardware replacement parts being replaced is and shall be deemed to be in the care, custody and control of the customer and all damage to, loss of, or failure to return replaced parts within 30 business days of the RMA may (at VAST Data’s discretion) will result in a charge for the value of the part. Customer’s failure to pay may result in the suspension of the VAST Services until resolution.

3 GENERAL SERVICES EXPECTATIONS AND LIMITATIONS

3.1 Services cover Compatible Hardware and Vast Software provided they are not modified (unless approved in advance by VAST Data or performed by VAST Data’s authorized personnel) or damaged by customer or anyone other than by a VAST Data employee or a VAST-approved contractor and provided such Compatible Hardware and Vast Software are not used for any unlawful activity. VAST Data, at its sole discretion, may elect to provide Services (including updates) despite the existence of such additional unauthorized software modules, but may require the customer to remove such additional unauthorized software prior to VAST Data performing any such services and condition such performance on the payment of additional fees. VAST Data further reserves the right to limit or restrict certain specific aspects/portions of service benefits in the event of particular restricted uses of the VAST Software and Compatible Hardware.

3.2 Customer will be pro-active in scheduling and implementing Software upgrades when made available by Vast Data on a regular basis, to maximize the inherent up time and minimize the inherent time to resolution. Upon customer request, VAST Data will provide a determination as to whether a non-mandatory upgrade is advisable. Should VAST Data advise against performing a non-mandatory upgrade, the customer still has the option of engaging VAST Data for a fee to plan and perform the upgrade. Should the customer decide to perform any upgrades (or other portions of the services) without VAST Data’s assistance, then the customer assumes all liability and any issues or incidents resulting from that Upgrade.

3.3 VAST DATA ONSITE LABOR SUPPORT: Where necessary (as determined by Vast Data) a trained Vast Data technician may arrive onsite, at the location of the Vast Software and Compatible Hardware deployment for the sole purpose of assisting in the replacing failed components. Any other requests for onsite services are granted solely at the discretion of VAST Data and may be considered chargeable professional services engagements.

3.4 VAST Data reserves the right to engage third-parties to provide services.

4 CUSTOMER OBLIGATIONS AND RESPONSIBILITIES:

4.1 The customer is obliged to understand and accept the risks that failure to implement all changes as designated in correction notices will render it impossible to implement changes subsequently provided by VAST DATA.

4.2 To receive services, customer must allow VAST Data access to the Software and to the Compatible Hardware, and provide any information required by VAST Data regarding the location and configuration of the Software and Compatible Hardware for which customer desires to receive support.

4.3 Customer agrees to provide VAST Data with prior written notice if customer desires to move Compatible Hardware to another location. Continuation of Service offerings at any new location is subject to the hardware being re-certified as serviceable by VAST Data and additional charges may apply.

4.4 Customer will make all reasonable efforts to support and cooperate with VAST Data in resolving the problem requiring service remotely, for example, starting and executing self-tests or diagnostic programs, providing all necessary information, or performing basic remedial activities upon VAST Data’s request.

4.5 Should VAST Data deem it necessary to have personnel on the customer site, customer will ensure that VAST Data personnel are provided with sufficient electrical power to perform necessary maintenance and supplies used during normal operation.

4.6 Customer is responsible for the security of its proprietary and confidential information and for maintaining a procedure external to the Solution for reconstruction of lost, or altered files, data, or programs.

4.7 If remote support is available, customer will provide VAST Data with login access for the exclusive purpose of performing diagnostics. VAST Data shall not share such login access information with any third party.

4.8 Customer is responsible for performing the following functions prior to return shipping a failed Compatible Hardware to VAST Data:

4.8.1 perform all steps for self-test and troubleshooting specified in the operating manual for the Compatible Hardware;

4.8.2 provide, in writing, the model number, serial number, current failure symptoms, pertinent failure history and ship-to address (if applicable);

4.8.3 and unless the Compatible Hardware will be delivered and picked up at a VAST Data facility by customer, customer is responsible for packaging the failed Compatible Hardware carefully in the original or other suitable shipping container that prevents the Compatible Hardware from being damaged while in transit to VAST Data.

5 VAST DATA OBLIGATIONS AND RESPONSIBILITIES

5.1 VAST Data provides the customer with a Vast Data Zero Compromise Satisfaction Commitment (the “Commitment”).

5.1.1 PERSISTENCE COMMITMENT. The Software is designed and developed by VAST for persistence to prevent data from being lost due to the volatility issues associated with volatile media (such as DRAM), because the VAST architecture is intended only to write data to persistent media (3D XPoint).

5.1.2 AVAILABILITY COMMITMENT Customer data will not be unavailable due to any combination of storage cluster node hardware failures (“Cluster Nodes”) so long as there is at least one surviving Cluster Node in an availability domain (also known as a “pool”). In any event of downtime during which customer data is unavailable due to the aforementioned hardware-only failure, the customer is entitled to a credit equal to one year of Services which will be applied immediately after the lapse of the then current Services Term”.

5.1.3 ALL-INCLUSIVE ACCESS TO FUTURE CLUSTER SOFTWARE COMMITMENT. When the customer purchases the Software and Compatible Hardware and as long as the Services Term has not lapsed, VAST Data commits that the customer will have access to the newest and most updated functionality and features for the Vast Software that are made generally available by VAST Data for the VAST Data Universal Storage Operating System at no additional charge for such functionality or features. Future products or services (upgraded new material functionalities), however, may be licensed or sold separately.

5.1.4 QLC DRIVE ENDURANCE COMMITMENT. VAST Data is committed to ensuring the write endurance of QLC Flash drives for the period of ten (10) years from the Compatible Hardware purchase date and that the devices will be writable for such period, provided that the Services Term has not lapsed. In the event that the QLC drive hardware write endurance is exhausted, within the same ten-year Services Term, VAST will replace any worn-out QLC Flash drive for any customer covered during a valid and fully paid Services Term, with any comparable or superior replacement part. Notwithstanding anything to the contrary in these Terms or otherwise, QLC Drive Endurance Guaranty is not applicable and shall not be provided by VAST Data in the event that the VAST Software and/or Compatible Hardware are used for crypto mining and/or related purposes.

5.1.5 DATA REDUCTION COMMITMENT. Best-In-Class Data Reduction VAST Software is designed and developed by VAST Data to deliver the best lossless data reduction efficiency. Unless otherwise specifically agreed to in writing with a customer with regards to data reduction commitments, VAST Data works to ensure that, in comparison to any system similar to VAST Data which is generally available for purchase in the market as of the effective date of this commitment, the total size (in bytes stored on disk) of the data stored on the Compatible Hardware will always be equal to or smaller than the total size that is stored in any other physical media of a similar storage system, namely a storage system that uses storage-native, lossless data reduction tools. A valid comparison must be based on the actual demonstrated comparison provided by customer and confirmed by VAST Data of at least 100TB unencrypted data-set. Please note that this commitment does not cover any third party solutions using application-level data reduction tools; nor any comparison of encrypted data or any comparison of Datasets smaller than 100TB. If VAST Data’s Best-In-Class Data Reduction promise, as described above, is demonstrably lacking (as confirmed by VAST Data), customer has 90 days from installation to notify VAST about this difference, VAST Data will make up for such difference by providing the customer with an additional Software capacity license for no additional cost, at a level equal to the storage capacity difference between the VAST Software (as deployed on Compatible Hardware) and the third-party comparable solution, provided only that the VAST Data storage capacity is effectively utilized, at the time of the demonstration, at a rate of at least 70%. This additional usage scope will be provided for a term that is equal to the initial Services Term of the purchase in question.

5.2 60-DAY UNCONDITIONAL RIGHT-TO-RETURN. New customers who have not previously evaluated the Services, the Compatible Hardware or the VAST Software, may return the Compatible Hardware to the authorized provider from whom it was purchased for any reason or no reason for a full refund, in accordance with the terms of such authorized provider’s terms, (“Right-to-Return Commitment”). VAST Data will manage the return process on customer’s behalf. The Right-to-Return Commitment is provided to the customer if (i) the customer is the original purchaser; (ii) the customer has installed and used the VAST Software and Compatible Hardware exactly in accordance with the documentation, and followed VAST Data’s instructions; and (iii) the customer notified VAST Data in writing within 60 days from the date the customer received the VAST Software and Compatible Hardware that the customer has decided to return the VAST Software and Compatible Hardware, and the customer ships the VAST Software and Compatible Hardware back to VAST Data (or its authorized service provider) no later than ten (10) days of such written notice, at customer’s cost, inclusive of any applicable taxes. VAST Data shall have the right to charge the customer refurbishing fees for any damage to or use of the Compatible Hardware while under the customer ’s control. The customer shall pay the shipping costs for returns in accordance with VAST Data’s instructions.