1. Updates

AnyClip may, from time to time during the Term, make available certain Updates. For the avoidance of doubt, Updates expressly excludes new Features. AnyClip will make such Updates available to Customer to the extent generally made available by AnyClip to its other supported customers.

Updates” means modifications or revisions (such as a bug fix or patch) to the Services (but excluding New Versions), as typically represented by the number to the right of the decimal point (e.g. Version 1.X).

New Versions” means new releases/versions of the Services, as typically represented by the number to the left of the decimal point (e.g. Version X.0)

2. Technical Support

AnyClip will use commercially reasonable efforts to respond to and address failures of the Services to function in the manner intended by AnyClip (“Problems”) which are reported by Company (each, a “Support Request“), in accordance with the service levels and terms set forth below in  these terms.

In order to be addressed by AnyClip, Problems must be verifiable and reproducible. Furthermore, in order for AnyClip to address a Support Requests, Customer must provide AnyClip with all information, documentation, assistance and access as AnyClip might reasonably require, including, without limitation:

  • setup information
  • application knowledge
  • listing of any output
  • detailed steps required to enable AnyClip to replicate the problem
  • exact wording of Problem messages, and
  • any other data that AnyClip may reasonably request in order to reproduce operating conditions similar to those present when the Problem occurred.

Each Problem for which a Support Request is received by AnyClip, shall be classified by AnyClip and assigned a level of severity (“Severity Level”), in accordance with the following criteria:

Services Uptime
Uptime Commitment AnyClip Services shall be available at least ninety nine and nine tenth percent (99.9%) of the time each calendar month.
Uptime Measurement AnyClip will measure it’s uptime by checking the response of the services using a 3rd party service provider at one minute intervals. If the 3rd party service does not receive a successful HTTP/S response (code 2XX or 3XX) then this will be considered a minute of downtime for the service. AnyClip reserves the right to make changes to the measurement process described above in its reasonable discretion.
Exclusions The Uptime Commitment does not apply to any unavailability as a result of: (i) a suspension or termination of the Agreement; (ii) factors outside of AnyClip’s control, such as a force majeure event, denial of service attack or Internet access; (iii) any actions or inactions of Publisher or any third party on Publisher's behalf; (iii) Publisher’s equipment, software or other technology and/or third party equipment, software or other technology that is not within AnyClip’s control; (iv) any scheduled maintenance to AnyClip’s systems pre announced via email or on AnyClip’s dashboards.
Support Level Agreement
Technical Support Hours Urgency Level 2-3 requests will be supported between the hours of 09:00AM and 18:00PM, Monday to Friday New York, New York Time (EST) by phone or email - Urgency Level 1 requests will be supported between the hours of 1AM and 9PM New York, Sunday to Friday New York time (EST) by phone or email -
Definition An “Incident” means an Urgency Level 1 or Urgency Level 2 occurrence that causes the Software not to function in substantial accordance with the available documentation
Urgency Levels The table below identifies the typical urgency levels and its corresponding expected response time.
Urgency Level Definition Response Time
Urgency Level 1 The service is down i.e. an error result or meaningless results resulting in a negative impact on revenues generated 1 business hours
Urgency Level 2 Consultations; Customer requires assistance to complete an operation 12 business hours
Urgency Level 3 Feature requests (note: AnyClip reserves the right to reject any feature requests) 3 business days
Reporting Incidents (Customer’s Responsibilities) When reporting an Incident, Customer will type the corresponding urgency level in the subject line of the email and a detailed description of the Incident in the body of the email, including the following required information: Customer name, Incident reporter and contact information, specific feature or service experiencing an Incident, description of the Incident and any steps taken to reproduce the Incident (or alleviate); screenshots of error messages, platform/ browser details, expected volume of users impacted or revenue impact. AnyClip may request additional details and may change urgency level determination in its sole discretion. Customer will work collaboratively with AnyClip to mitigate and remediate Incidents

Upon classification of each Problem for which AnyClip received a Support Request, a customer support representative of AnyClip shall use commercially reasonable efforts to: (a) contact Customer within the “Response Time” period set forth in the table above, and (b) follow up and provide an update on the status of the measures being taken (such as workarounds, bug fixes, Updates, etc.) to address the Problem within the “Status Update” time frame set forth in the table above.

3. Exclusions

The technical support described above will only be provided with respect to the then-current version/release of the Services, and shall exclude Problems resulting from:

(a) any modifications of the Services by Customer that have not been approved by AnyClip in advance and in writing;

(b) Customer’s failure to implement in a reasonably timely manner any Update made available by AnyClip;

(c) Customer’s written instructions to AnyClip, or installation or set up adjustments made solely by Customer;

(d) Customer’s use of the Services in violation of the Agreement or of any applicable laws and/or regulations;

(e) any fault in any Customer (or third party) equipment or programs used in conjunction with the Services; and/or

(f) Customer’s negligence or willful misconduct.

4. Customer Responsibilities


(a) Customer agrees to receive from AnyClip communications via e-mail, telephone, and other reasonable formats;

(b) Customer’s technical support contact shall cooperate with AnyClip at all times during the provision of these Support Services; and

(c) Customer shall report to AnyClip all material problems with the Services and shall implement any reasonable corrective procedures provided by AnyClip reasonably promptly after receipt.