Software Maintenance and Upgrade Assurance

ATAMYA SMUA Terms

The following Software Maintenance and Upgrade Assurance Agreement (SMUA Terms) defines the terms on the grounds of which ATAMYA performs both support and maintenance services for the supported product for the end user (“Client”).

The following terms are the only determinations for software maintenance and upgrade services. No other terms shall apply between ATAMYA and the Client.

 

1. Definitions

  1. “ATAMYA Product Cloud” is a cloud-based Product Information Management software (PIM).
  2. “ATAMYA Enterprise” is a Product Information Management software (PIM).
  3. “ATAMYA Help Center” is a website (https://helpcenter.eggheads.de) allowing the Client to sign in and access the ticket system to report errors in the software and view the documentation.
  4. “Business Hours” within the meaning of this Agreement means Monday to Friday from 9.00 a.m. to 5.00 p.m., with the exception of public holidays in North Rhine-Westphalia or the Federal Republic of Germany.
  5. “Uploaded Data” means any data, information, or material uploaded by Client, the Client’s Subsidiaries or Named Users to or through the ATAMYA Product Cloud.
  6. “Client” is the customer or company that ordered and uses the services of ATAMYA.
  7. “Service” means the provision of the ATAMYA Product Cloud and all proprietary technology of ATAMYA (including software, other services, processes, algorithms, user interfaces, know-how, techniques, skills, designs, and other tangible or intangible technical material or information) made available to the Client by ATAMYA in relation to the provision of the ATAMYA Product Cloud, as well as additional online or offline services, audio, visual, and textual information.
  8. “Service Level Agreement” or “SLA” defines the services and quality standards of the ATAMYA Product Cloud and ATAMYA Enterprise. These include the availability of the service, the response and resolution times in the event of errors, maintenance plans, and the support level.
  9. ATAMYA has summarized the provision of technical support, maintenance, and upgrades for Client in the “Software Maintenance and Upgrade Assurance Terms” or “SMUA Terms”.
  10. “Subscription” means Client’s commitment to make payment(s) to ATAMYA for use of the ATAMYA Product Cloud during the Subscription Term according to the fees stated in the applicable Order; and in consideration of such payment, ATAMYA’s commitment to make the ATAMYA Product Cloud and technical support available to Client during the Subscription Term.
  11. “Tenant” means a group of Named Users sharing the common sub-system dedicated to Client with its specific documents, data, projects, and processing rules. The ATAMYA Product Cloud is a multi-tenant environment.

 

2. Software Maintenance and Upgrade Assurance (SMUA Terms)

During the Term and subject to payment of the applicable Service Fees, if any, ATAMYA shall provide the following Services solely for the Supported Product in accordance with the Service Level specified in the relevant Agreement between ATAMYA and the Client or the Quote:

  1. Technical support. The Client has access to the following services:
    1. the ATAMYA online documentation
    2. the ATAMYA help center
    3. E-mail to submit a support request (if authorized)
  2. Client support. ATAMYA Client support will respond to support requests.
  3. Resolution of problems. ATAMYA shall make all commercially reasonable endeavors to resolve any problems reported by the Client to ATAMYA Client Support for the Supported Product. The resolution may consist in correcting parts of the Supported Product or providing the Client with a workaround solution that allows the Client to achieve substantially the same functionality that it would receive without the problem.

 

3. Limitations

The services do not cover:

  1. changes made to the supported product (whether by the Client, third parties or by ATAMYA as part of the ATAMYA Professional Services);
  2. applications developed by the Client or other third-party products;
  3. on-site support services (the services are provided remotely);
  4. systems engineering services, programming, or operating procedures of any kind;
  5. the use, interconnection, or integration of the Product with any operating system or software or hardware or network systems not labelled as compatible by ATAMYA;
  6. use of the Supported Product in a manner for which it was not designed, including a breach of the agreement applicable to the Supported Product;
  7. problems that cannot be reproduced by ATAMYA on the basis of the information provided by the Client;
  8. consultancy or work to ensure compatibility of the Supported Product with application servers, platforms, network configurations, customizations (if no additional services have been purchased for customized versions), web browsers, databases other than those for which the Supported Product is currently being developed, or versions of any of the aforementioned products;
  9. database performance tuning and general administration;
  10. customized support for application use.

 

4. Service Level Agreement (SLA)

4.1 Support-Level

Type and scope of technical support available to the Client.

ATAMYA Product Cloud and ATAMYA Enterprise
Support Workdays 9-17h
Access to ticket system ✓

 

The ticket system is accessed via the ATAMYA Help Center.

 

4.2 Reaktionszeiten

Error classes Severity of the error
Error class 1 The contractually agreed use is not or only insignificantly restricted by these errors. A qualitative improvement can be achieved from the user’s point of view.
Error class 2 The result is incorrect. However, the error does not restrict usability or can be circumvented with reasonable effort or by users without significant additional effort in such a way that usability is not restricted.
Error class 3 The result is faulty. The error restricts usability or can lead to system failure or permanent disruption of integrity. However, this error can be handled by users with reasonable effort and without significant additional expense.
Error class 4 The result is faulty. The error leads to a total loss of usability or to a permanent disruption of the system integrity. The error cannot be circumvented with reasonable effort and by the users without significant additional effort or the system cannot be used for technical or functional reasons.

 

Error classes Response times
Error class 1 Provision in a later update/release
Error class 2 after 18 hours at the latest within business hours
Error class 3 at the latest after 8 hours within business hours
Error class 4 at the latest after 6 hours within business hours

 

ATAMYA will make every commercially reasonable effort to comply with the specified response times according to the severity of the error. Each new support ticket will initially be assigned the severity level categorized by the Client. However, ATAMYA reserves the right to re-evaluate each support ticket in accordance with the defined severity levels. The Client recognizes that whilst ATAMYA will make all commercially reasonable efforts to meet the response times, these times are estimates only.

The response time is met if ATAMYA has started processing the respective error during the specified period.

 

4.3 Maintenance window

Maintenance windows are scheduled times for maintenance work and their impact on the availability of the ATAMYA Product Cloud. These generally take place during off-peak hours.

During core operating hours, maintenance work is only carried out for urgent technical reasons that cannot be postponed. In this context, it may be necessary to restrict or deactivate the service.

To ensure the availability and security of the cloud services, ATAMYA reserves the right to carry out regular maintenance work. Such maintenance windows usually take place in predictable periods, which are communicated to the Client in good time in advance. Temporary restrictions or interruptions to the cloud services may occur during maintenance work.

The maintenance window is generally scheduled outside the main usage times in order to minimize the impact on Client operations. In the event of urgent or unscheduled maintenance work required to rectify security-relevant or serious technical problems, the Client shall be informed immediately. ATAMYA shall endeavor to keep the duration of maintenance as short as possible and to restore the availability of the services as quickly as possible. During these maintenance windows, the installation of patches, security-relevant updates, and functional enhancements will take place fully automatically. The Client will receive information about the planned measures in good time before the planned updates and the end of the maintenance window.

 

5. General information

ATAMYA shall use all commercially reasonable endeavors to provide the Services in accordance with these Terms; however, the Client acknowledges that ATAMYA cannot guarantee that every question, problem, issue, or problem reported by the Client can or will be resolved. These Terms do not extend or supplement in any way the warranty for the Supported Product set out in the Agreement for the Supported Product or any other agreement with ATAMYA regarding the use of the Supported Product.

These Terms and Conditions apply to services that the Client purchases directly from ATAMYA. If the Client has purchased the Supported Product and Services from a third-party partner of ATAMYA, the Client may be entitled to additional technical support services from that partner and may utilize that partner as the first point of contact for support requests in accordance with the Client’s agreement with the partner.

It is important for ATAMYA to be able to use its skills, experience, expertise, concepts, ideas, and know-how acquired in providing services to the Client, itself, or one of its Clients in the course of its normal business activities (e.g., administration and development of software products). If ATAMYA receives the source material containing the target information to be extracted or processed with the Supported Product and which may contain confidential information of the Client, ATAMYA shall therefore be entitled to use this material to improve the ATAMYA software products and for statistical and analytical purposes; and (ii) the Client agrees to this.

 

ATAMYA GmbH – SMUA Terms (Last edited: 01.05.2025)