MALWAREBYTES
SUPPORT SERVICE AGREEMENT
Where you (“You” or “Your”) have purchased Malwarebytes Business Support (“Support”), Malwarebytes agrees to provide you with Support on the terms and conditions contained in this Support Service Agreement (“SSA”). “Malwarebytes” means: (a) if You acquired the Support in the United States or Canada, Malwarebytes Inc., a Delaware Corporation, located at 3979 Freedom Circle 12th Floor, Santa Clara, CA 95054; and (b) if You acquired the Support in any other country, Malwarebytes Limited, a company incorporated in Ireland, located at One Albert Quay, Cork Ireland. References herein to the “Parties” or a “Party” shall mean You and/or Malwarebytes, as applicable.
This SSA shall become effective upon the earlier of (i) Your payment of the Support Fee (as defined below), (ii) the effective date or start date of the Support as specified in a sales order form or other applicable purchasing document (“Purchasing Document”), or (iii) Your first use of the features in the Support offering, which constitutes consent to the terms and conditions set forth in this SSA unless you and Malwarebytes have entered into a separate signed agreement.
1. Support Plans Offered
Malwarebytes offers different tiers of Support. You shall receive the services included with the Support tier You have ordered as identified in the Purchasing Document. Malwarebytes reserves the right to update support policies from time to time, but only to the extent that the update does not materially and adversely diminish Customer’s rights to support services as provided in this SSA.
a. Cloud Products
If you are a Malwarebytes Incident Response, Endpoint Protection, Endpoint Detection & Response (formerly Endpoint Protection & Response), or Education Site License customer, during the term of your subscription you are entitled to Standard level Support under the terms and conditions of this SSA.
Support, includes only the services identified in the table below:
| TechnicalAccountManagerService | Gold | Silver | StandardPlus | Standard | |
|---|---|---|---|---|---|
| Phone Support | X | X | X | X | X |
| E-mail Support | X | X | X | X | X |
| Chat Support | X | X | X | X | X |
| 24×7 Severity 1 Support | X | X | X | X | – |
| Designated SupportEngineer | X | – | – | – | |
| Priority Case Routing | X | X | X | x | – |
| ONBOARDING | |||||
| Access to Knowledge Base | X | X | X | X | X |
| Access to User Community | X | X | X | X | X |
| Access to product Guides | X | X | X | X | X |
| Access to MalwarebytesAcademy On-line Training | X | X | X | X | X |
| TAM Delivered ProductTraining | X | X | X | – | – |
| DEPLOYMENT | |||||
| Implementation Assistance | X | X | X | – | – |
| Migration Assistance | X | X | – | – | |
| INTEGRATION | |||||
| Technical IntegrationAssistance | X | – | – | – | |
| REMEDIATION AND REMOVAL | |||||
| Malware Removal andRemediation | – | – | – | – | |
| ACCOUNT MANAGEMENT | |||||
| Designated MalwareRemoval Specialist | – | – | – | – | |
| Designated ImplementationSpecialist | – | – | – | – | |
| Designated TAM | X | X | X | – | – |
| Personalized Health Checks | Monthly | Monthly | Quarterly | – | – |
| Business Review | Annual (on-site or remote) | Annual (on-site) | Annual (remote) | – | – |
b. On-Premises Products
Malwarebytes Endpoint Security includes only email and chat unless a higher level of Support is purchased separately for such product adding telephone support.
2. Support Center
Malwarebytes will provide You with Support via its ‘Support Center’ during its business support hours. Support tickets may be submitted online at: https://service.malwarebytes.com/. The Support Center is available to answer questions and attempt to resolve problems encountered by You with the Malwarebytes products that You have licensed (the “Software”).
You may designate up to two (2) individuals to serve as technical contacts (“Designated Support Contacts”) to communicate with Malwarebytes’ technical support representatives.
Where applicable, only the Designated Support Contacts, or their qualified substitutes during reasonable absences, may contact Malwarebytes for telephone support. The Support Center’s current business support hours are Monday – Friday (excluding Malwarebytes holidays):
| North America | 9 a.m. – 8 p.m. EST |
|---|---|
| EMEA | 7 a.m. – 5 p.m. GMT |
| APAC | 9 a.m – 5 p.m. AEDT / AEST |
3. Severity Level Definition and Target Response Times
In the event of any problem in the use or operation of the Software, Your Designated Support Contacts will use reasonable efforts to identify and address the issue internally before contacting Malwarebytes. For issues that the Designed Support Contracts are unable to resolve, they will assign an initial severity level to such error or defect.
Upon receipt of a support request from a Designated Support Contact, Malwarebytes will review the request and reserves the right to reassign the severity level at its reasonable discretion based on the definitions in the table below. Malwarebytes will use commercially reasonable efforts to adhere to the response times below for the first contact initiated by a Malwarebytes support representative:
| Severity Level | Technical Account Manager | Gold | Silver | Standard Plus | Standard | MSP Gold/MSP Platinum | MSP Registered/MSP Silver |
|---|---|---|---|---|---|---|---|
| S1 – Emergency situation in which the Software is inoperable, produces incorrect results, or fails catastrophically | Respond within 8 business hours | Respond within 1 business hour | Respond within 4 business hours | Respond within 8 business hours | Respond within 16 business hours | Respond within 8 business hours | Respond within 16 business hours |
| S2 – Performance of the Software degrades substantially under reasonable loads such that there is a severe impact on use of one or more standard functions of the Software. | Respond within 24 business hours | Respond within 4 business hours | Respond within 12 business hours | Respond within 24 business hours | Respond within 36 business hours | Respond within 24 business hours | Respond within 36 business hours |
| S3 – Degradation in operations of Software such that the Software is usable, but does not function in the most convenient or expeditious manner. | Respond within 48 business hours | Respond within 8 business hours | Respond within 24 business hours | Respond within 48 business hours | Respond within 48 business hours | Respond within 48 business hours | Respond within 48 business hours |
Customer shall submit S1 issues to Malwarebytes using the telephone support line to help expedite their resolution. Customers who have Standard Plus or higher support may report S1 issues after normal support business hours (“24×7 Severity 1 Support”).
4. Escalation
While Malwarebytes makes every effort to ensure that problems are resolved as quickly as possible, it understands that Customers’ expectations may not always be met. If for any reason the Customer is dissatisfied with their support experience or does not receive a resolution of their reported issue within a reasonable time frame, they may escalate their complaint or issue. Customers can request the current support engineer to escalate the issue to their manager. Should the issue not be resolved to the customer’s satisfaction, they can further escalate to the Manager of Technical Support.
5. Limitation of Support Obligations
Malwarebytes will have no obligation to provide any Support or services under this SSA in the event that: (i) You or a third party have altered or modified any portion of the Software in any manner without the prior written consent of Malwarebytes; (ii) You have not installed and/or used the Software in accordance with documentation/instructions provided by Malwarebytes; (iii) You have failed to replace earlier versions of the Software with updates or new releases provided by Malwarebytes; (iv) Such support relates to or involves any products, data, features, devices or equipment not provided by Malwarebytes; or (v) You are not in full compliance with the other terms of this SSA, the terms of the applicable license agreement, or any other agreement between You and Malwarebytes.
6. Responsibilities
Malwarebytes’ ability to provide support depends on Customer’s compliance with the SSA, participation of knowledgeable Customer representatives that provide accurate and detailed information sufficient for Malwarebytes to reproduce the reported error, and Customer’s response to Malwarebytes’ communications in a timely manner. Malwarebytes is not obligated to provide support for issues related to network unavailability due to reasons beyond its control including emergency updates to address security, privacy, legal, regulatory, or third-party hardware or software issues not reasonably foreseeable by Malwarebytes or within its direct control. Malwarebytes is not responsible for configuring or diagnosing problems with Customer’s technical infrastructure.
7. Fees & Payments
On the commencement of the Initial Term and/or any Renewal Terms (as defined in Section 8 – Term & Termination), Malwarebytes will invoice You for the annual “Support Fees” as set forth in the Purchasing Document, and You agree to pay all invoiced amounts in the currency listed in the Purchasing Document within thirty (30) days of the invoice date unless otherwise agreed in the Purchasing Document. If You add more licenses to Your Software subscription during an existing subscription term, in addition to paying for such additional Software licenses, You agree to pay the corresponding amount of Support Fees for such added Software licenses. Support Fees are non-refundable.
8. Term & Termination
a. The initial term of this SSA will be one (1) year unless otherwise specified in the Purchasing Document (“Initial Term”). This SSA will automatically renew for additional one (1) year terms (“Renewal Term”), unless You provide written notice of non-renewal at least thirty (30) days prior to the end of any Term, in which case this SSA will terminate at the end of the Term in which such notice is provided; however all pre-paid Support Fees are forfeited and are nonrefundable. Malwarebytes reserves the right to increase the Support Fees prior to the next Renewal Term by providing at least sixty (60) days notice. Malwarebytes may terminate this SSA upon thirty (30) days prior written notice in the event Support Fees are delinquent, or immediately if You fail to cure any material breach of this SSA within ten (10) days of written notice of such breach. This SSA will terminate automatically upon termination of your license to the Software.
b. Your Initial Term shall commence on the date the Software is delivered to You. Support, when active, is in place to help if something goes wrong and, thus, it is important that the SSA starts on the Software shipment date. Renewal Terms always start at the end of the previous SSA Term, regardless of any gap between the expiration date of the previous SSA Term and the date on which You renew the SSA.
c. Support can only be purchased with Your Software subscription at the time of Your initial Software purchase, subject to the following exception: You may add Support to a Software subscription that did not include Support with the original purchase, provided that, in addition to the Support Fees for the new Support Term, You pay the Support Fees for the time period between the Software’s original purchase and the new Support Term.
9. No Warranty
MALWAREBYTES’ WILL PROVIDE SUPPORT IN A PROFESSIONAL AND WORKMAN LIKE MANNER. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, SUPPORT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. MALWAREBYTES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MALWAREBYTES OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS SSA. MALWAREBYTES DOES NOT WARRANT THAT SUPPORT WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED.
10. Limitation of Liability
MALWAREBYTES’ TOTAL LIABILITY TO YOU ARISING IN CONNECTION WITH THIS SSA AND/OR THE Support FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO MALWAREBYTES BY YOU FOR THE SUPPORT SERVICES FOR THE INITIAL TERM OR RENEWAL TERM IN WHICH THE CLAIM ARISES. IN NO EVENT WILL MALWAREBYTES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS SSA OR THE EXECUTION OR PERFORMANCE OF THE SUPPORT SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MALWAREBYTES HAS BEEN ADVISED OF OR OTHERWISE SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS SSA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. General
a. This SSA shall be subject to and governed by the laws of the State of California, without giving effect to provisions or procedures regarding conflicts of laws. Any action or proceeding related to or arising out of this SSA shall be resolved only in a court of competent jurisdiction located in the Santa Clara County, State of California.
b. In the event any provision hereof is held void or unenforceable by any court of competent jurisdiction, then such provision shall be deemed severed from this SSA and shall not affect the remaining provisions hereof.
c. This SSA is the entire agreement and understanding of the Parties with respect to the subject matter hereof, and, when executed by the Parties, supersedes all prior agreements, understandings and communications, either verbal or in writing, between the Parties with respect to the subject matter hereof. In the event any provision of this SSA is judicially or administratively determined to be void or unenforceable by any court of competent jurisdiction, then such provision shall be reformed to most nearly approximate the parties original intent and shall not affect the remaining provisions of this SSA, which will continue in full force and effect.
d. Any failure by a Party to comply with any obligation, agreement or condition herein may be expressly waived in writing by the other Party, but such waiver or failure to insist upon strict compliance with such obligation, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any such subsequent or other failure.
e. This SSA shall be binding upon and shall inure to the benefit of the Parties and their respective successors, heirs, and permitted assigns.
f. Neither Party shall assign this SSA without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign this SSA without the other Party’s consent, to any entity that acquires all or substantially all of the business and/or assets of such Party, to any entity that acquires more than fifty percent (50%) of the equity securities of such Party, and/or to the surviving entity in a merger to which such Party is a merged entity.
g. Any terms or conditions contained in Your Purchase Document or other ordering document that are inconsistent with or in addition to the terms and conditions of this SSA are hereby rejected by Malwarebytes and will be deemed null and void.