Xima Care Agreement

Last Updated February 5th, 2024

Xima (“Company”) shall provide support, and software upgrades for Partners (“Resellers” or “Distributors”) and their Customers (“End Users”) where an appropriate and active Xima Care license (“Service”) is present. These Terms and Conditions shall govern the Service rendered herein. Xima Care is designed and intended for Partners and End Users using Xima’s on premise software application.

Support

1. Sale of Services

Xima will offer to its Partners and End Users, where appropriate, Support Services on the Product on an optional basis. All other customer facing activities and obligations related to the Services provided in accordance with the terms of this Agreement are in force, unless otherwise agreed by the parties in writing. In connection with each sale or resale of the Company’s Software, Xima will renew service agreements with existing Partners and Customers as applicable. Such Services will be sold under the agreement terms between Xima and the respective Partner and/or End User. Each support related Purchase Order submitted by Partner or End User to Xima will identify the support option selected, if any. Xima may choose not to accept a Purchase Order for Services that fails to specify the support option resold provided that Xima shall provide notice of rejection of such Orders within three days of the date of the Order.

2. Cancellations and Refunds

In the event of a cancellation of a Service agreement with Xima, the Customer will forfeit all prepaid services as no refunds will be issued.

3. Reactivation Fees

Once a contract has expired, there is a reactivation fee of 20% or a minimum of $100 added if it is determined that the contract will be renewed. The fee is calculated based on Standard Xima Care pricing for one year. If 20% of the contract value is less than $100, the required amount to pay for the reactivation fee is $100. If 20% of the contract value is more than $100, the required amount to pay for the reactivation fee will be a 20% fee.

4. Scope of Xima Support

The Xima Care package provides access to the Xima Support Team. This access is to be used to help diagnose, troubleshoot, and resolve technical issues related to the Chronicall software (Xima’s On Premise Software offering). Outlined below are policies governing the scope of support covered by Xima Support.

4.1. Chronicall Troubleshooting and Bug Fixes

4.1.1. Chronicall Software Issues – The Xima Support team will diagnose and troubleshoot any Chronicall related issue.

4.1.2. System Requirements – Xima Support will not troubleshoot issues on a Chronicall system that does not meet the minimum system requirements or where Chronicall is not installed on the recommended server, operating system or configuration. Chronicall system requirements can be found at guide.ximasoftware.com.

4.1.3. Chronicall Data – A scheduled backup feature is available in Chronicall and it is highly recommended that regular backups are being made. Xima Support is not responsible for backing up Chronicall data or ensuring that Chronicall data is backed up. On occasion, Xima Support may require a backup be made to complete troubleshooting efforts.

4.1.4. Reports – Xima Support will troubleshoot software errors pertaining to reports such as runtime errors, report failures, and schedule and deliver issues.

4.1.5. Call Recordings – Xima does not guarantee 100% call recording accuracy. There are many factors that can result in a missed recording. As a 3rd party software, many factors are out of Xima’s control in the Customer or Partners environment. Xima Support will make a good faith effort to resolve any reproducible recording issues. When Xima’s best practices and recommendations are utilized and network performance is not an issue, Xima Support will continue working on a customer’s recording issues until 95% of calls are being recorded properly in a given week.

4.1.6. Resolution – We cannot guarantee that all issues will be resolved with 100% accuracy. Many factors such as the data sent from the PBX, Customer network, firewall and security protocols are out of Xima’s control. Support will make a good faith effort to resolve Chronicall issues in a timely manner per our SLA agreement.

4.2. Chronicall Software Updates

Chronicall has been designed to have a straightforward version update process. Chronicall update guides and videos are available at guide.ximasoftware.com. Should issues arise during or as a result of an update, Xima Support will be available to assist and support Partners and Customers. Customers who have purchased a Premium Support plan can contact Xima Support to schedule an agent to be available to assist. Version updates must be scheduled 48 hours in advance.

4.3. Chronicall Restore or Server Migration

Chronicall has built-in tools to backup and restore the database. Information about the backup and restore process is contained in guides and videos available at guide.ximasoftware.com. Should issues arise during a backup or restore, Xima Support will be available to assist. Customers who have purchased a Premium Support plan can contact Xima Support to schedule an agent to be available to assist in a backup and restore or a server migration.

4.4. Database Access

A Chronicall database schema is available at guide.ximasoftware.com. Customers who wish to access the database directly do so at their own risk. Direct database access is not supported by Xima Support.

4.5. Customer Hardware & Networks

In general, the Customer or Partner is responsible for managing and administering the hardware, network, and environment which Chronicall is installed and run in.

4.5.1. Server Management – Xima Support will address any Chronicall related issues on Customer servers. Issues not related to the function of Chronicall will not be supported by Xima Support. Xima Support will not adjust server settings that may affect other systems or data such as adding, removing, or adjusting scheduled tasks or adding, removing, or adjusting mapped drives. Xima Support will not restore servers or virtual machines to a previous restore point.

4.5.2. Network Connectivity Issues – Chronicall is dependent on consistent and reliable network traffic. Unreliable performance can negatively impact Chronicall‘s accuracy. Xima Support will make its best efforts to expose connectivity issues impacting Chronicall performance. Xima Support will not be responsible for resolving Chronicall issues resulting from network performance.

4.5.3. Network Configuration – Xima Support may make recommendations for firewall and network changes. Xima Support will not make changes to customer networks as these changes can have significant impact on business operations. Customers who wish to utilize a port mirror are responsible for configuring their network to properly mirror the voice data.

4.6. Customer PBX Systems

Xima Support will not be responsible for making PBX configuration or design changes. On occasion, Xima Support may require a PBX admin on hand to make PBX-specific changes.

4.7. 3rd Party IT

Where 3rd party IT vendors are utilized by a Customer, Xima requires Chronicall Customers to give verbal or written consent directly to their 3rd party IT vendors before Xima will engage with the IT vendor. Xima will not contact 3rd party IT vendors and begin support activities until the customer has confirmed to their IT vendor that Xima Support is authorized to do so. Additionally, Xima will not reimburse Customers or Partners for 3rd party IT expenses who assist in any form of troubleshooting regardless of the root cause of the issue.

5. Professional Service

Customers or Partners who want Xima Support to assist in any element that is outside of his or her scope of work may request a quote for professional services by contacting Xima Sales. Some examples of this include installing and/or configuring a customer’s software, writing custom reports, and creating custom wallboards.

6. Service Level Agreement (SLA)

6.1. Tiers of Support

6.1.1. Xima Tier 1 Support – Under this level of support, Xima receives calls and web tickets created directly from Partners or End Users. Xima will confirm the End User has a current service agreement in place, and perform initial diagnostics/trouble isolation and begin working on resolution of issues.

6.1.2. Xima Tier 2 Support – This is the Xima business unit that provides the highest level of support available. Issues that cannot be resolved by support and require additional resources such as code changes to the software may be escalated to Tier 3.

6.1.3. Xima Tier 3 Support – This is the Xima business unit that addresses changes to the software when Tier 2 has determined there is a bug in the intended use case of the software. This team is comprised of R&D engineers and software developers.

6.2. Standard Support Contracts – 8×5

6.2.1. NA (North America) – Xima will provide standard 8×5 support . This includes Tier 1 and Tier 2 Support, less Xima observed holidays and company meetings.

6.2.2. EMEA (Europe Middle East and Africa) – Xima will provide standard 8×5 support. This includes Tier 1 through Tier 2 Support, less Xima observed holidays and company meetings.

6.2.3. Standard Support – APAC (Asia Pacific) – Xima will provide standard 8×5 support. This includes Tier 1 through Tier 2 Support, less Xima observed holidays and company meetings.

6.3. Premium Support Contracts – 24x7x52

6.3.1. NA (North America) – Xima will provide 24x7x52 support for severity 1 and severity 2 issues. This includes Tier 1 through Tier 2 support for all issues. Tier 3 support will be invoked the next business day when required.

6.3.2. EMEA (Europe Middle East and Africa) – Xima will provide 24x7x52 support for severity 1 and severity 2 issues. This includes Tier 1 through Tier 2 support for all issues based on the schedule below. Tier 3 support will be invoked the next North America business day when required.

6.3.3. APAC (Asia Pacific) – Xima will provide 24x7x52 support for severity 1 and severity 2 issues. This includes Tier 1 through Tier 2 support for all issues based on the schedule below. Tier 3 support will be invoked the next North America business day when required.

Please see our support website for specific hours of support, holidays and information about contacting Xima’s support team: https://ximacare.ximasoftware.com/hc/en-us/articles/360004440312-Contacting-The-Xima-Support-Team

6.4. Severity Definitions

6.4.1. Severity 1 – Severity 1 issues include, but are not limited to, a total loss or continuous instability of mission critical functionality, the Chronicall system is down causing End User to experience a total loss of service, or inability to use a feature or functionality that is currently relied upon for mission critical functionality. Severity 1 Issues include:
System down/unavailable

Skill Calls Not Routing to
Majority of Users

6.4.2. Severity 2 – Severity 2 issues are degradation of production system or service performance for which there is no active workaround and problem severely impacts service quality, or the control or the operational effectiveness of the product affects a considerable number of users and creates significant productivity or financial impact. This situation materially obstructs the Customer’s ability to deliver goods or services.. Severity 2 issues include:

Chronicall Not Logging Calls
Chronicall Not Recording
Missing 50% or More
Recordings in a 24 hour Period
Realtime Module Being Offline
Multimedia Agent User(s)
Stuck / Not receiving calls

6.4.3. Severity 3 – Severity 3 issues are degradation to the system’s operation, maintenance, or administration, which requires attention needed to mitigate a material or potential effect on system performance and on the End User’s business.. Severity 3 issues include:

Chronicall Unhandled Call Flows
Realtime Agents Show Incorrect Status
Recordings Not Actively Available
Missing 5% – 50% of Recordings in a 24 hour Period
Report Bugs

6.4.4. Severity 4 – Severity 4 issues are non-service impacting questions or problems that do not immediately impair the functioning of the product or system and which does not materially affect service to end customers. If related to a problem, the problem has a tolerable workaround. This includes consultation, records corrections, and administrative issues. Severity 4 issues include:

General Questions
Various Customization (Custom Report Requests, Realtime Value Configuration, etc.)
Software Enhancement Requests

6.5. Issue Reporting & Response

Please reference Xima’s support website for contact methods and regional telephone numbers for contacting Xima’s support team: https://ximacare.ximasoftware.com/hc/en-us/articles/360004440312-Contacting-The-Xima-Support-Team

Issue Severity	Reporting	Initial Response Time
Severity 1 & 2	Telephone: toll free at +1.888.944.9462	1 Hour
Severity 2	Telephone: toll free at +1.888.944.9462	2 Hours
Severity 3 & 4	Online or via phone	24 Hours

Software Training

Chronicall training is available to customers who have a valid and active Xima Care license on their serial.
Professional Services – Customers or resellers who want Xima to hold private, or other specialized training may request a quote for professional services by contacting Xima Sales.

Updates

1. Chronicall Software Updates – Chronicall has been designed to have a straightforward update process. Chronicall update guides and videos are available at guide.ximasoftware.com. Should issues arise during or as a result of an update Xima Support will be available to assist. Customers who have purchased a Premium Support plan can contact Xima Support to schedule an agent to be available to assist.
2. Major Release – This refers to changes to the Software that typically introduce new features, functionality, and that may be licensed separately by Xima. Major Releases do not have to be Backward Compatible to previous Major Releases of the Software. Change in the Software version level number to the left of the decimal (e.g., 1.X.X to 2.X.X) is a way to denote a Major Release.
3. Feature Release – This refers to changes to Software that typically introduce new optional features and functionality that may be licensed separately by Xima. Feature Releases shall be Backward Compatible. A change in the version number’s rightmost number after the decimal or dot/point (e.g., from X.1.X to X.2.X) is a way to denote a Feature Release.
4. Maintenance Release – This refers to patches, maintenance releases, improvements, modifications, enhancements, and new versions of the Software that Xima makes available to Partners and End Users under Xima’s Services. Maintenance Releases shall be Backward Compatible to previous Maintenance Releases. A change in the version number’s second rightmost digit after the decimal or dot/point (e.g., from X.X.1to X.X.2) is a way to denote a Maintenance Release.
Data Collection and Privacy Policy

For additional information regarding Xima’s collection and processing of information, see Xima’s General Privacy Policy, which is available at https://ximasoftware.com/general-privacy-policy/

Additional Definitions

1. End User or Customer – This refers to a third party that purchases and/or licenses the Product from any Partner or Distributor for production use. An End User also means a service provider, outsourcer, or integrator that licenses Product to provide application hosting services to its customers.
2. Release – This refers to a major release of Software considered to be the next generation of an existing product or a new product offering. For purposes of this Agreement, a Release includes and subsequent Software having the same or substantially similar functionality as the original Software even if it is a renamed, repackaged, or re-bundled version of the original Software, including Updates and Upgrades.
3. Software – This refers to the Object Code and/or Source Code, if applicable, version of those Software products specified and all Releases, Updates, and Upgrades thereto, including Documentation. Firmware is included in the definition of Software.
4. End of Sale (EOS) – This refers to the last date Xima will license the Software to Partners.
5. End of Support (EOSP) – This refers to the last date that Xima will provide support for Software subject to the requirements of this Agreement.

Legacy Xima Care Agreement:

Xima Care Agreement, effective Dec 12, 2022-Feb. 4, 2023