Maintenance and Support Services

Please read these terms before activating or using Imagicle technical support and maintenance services (“the Services”).

This agreement is between the Customer (“Customer”) and Imagicle spa (“Imagicle”).

By activating an Imagicle technical support and maintenance service plan or signing a Sales Order that references this Agreement, Customer accepts the terms herein as contractually binding.

This Agreement is a Service Agreement under the Imagicle Terms and Conditions of Sale (the “T&C”) and supplements those T&C. In the event of any conflict or inconsistency, the following order of precedence applies:

• the applicable Order Form (including any special terms stated therein),

• the T&C,

• this Agreement,

• the End User License Agreement.

For matters related to personal data processing, the applicable Data Processing Agreement shall apply as specified therein.

1   Definitions

The following terms shall have the meanings set forth below:

·         "Agreement" means this Imagicle Maintenance and Support Services Agreement, as updated from time to time and published on the Imagicle website.

·         "Business Hours" means the working hours of the relevant Imagicle Support Team according to the Customer's Theater, as set out in Section 6. Outside Business Hours, and only for P1 Critical tickets, Customers with a Platinum plan may contact Imagicle Technical Support by phone via the dedicated on-call service.

·         "ImagicleCare Plan" or "Support Plan" means the level of technical support and maintenance service included with or purchased alongside the Offerings, as further described in this Agreement. Three levels are available: Basic, Gold, and Platinum.

·         "Maximum Reaction Time" or "Maximum Response Time" means the maximum time allowed between the creation of a ticket by Customer or its Reseller/Partner and Imagicle's acknowledgement and assignment of the ticket to a technician who provides an initial response. Time spent waiting for activities required of Customer or third parties is excluded from this calculation.

·         "Offerings" means any Imagicle software products or services purchased by Customer under a Sales Order, including perpetual licenses, subscription licenses, and Cloud services.

·         "Priority" means the classification of a support ticket based on the impact of the issue on Customer's use of the Offerings, as defined in Section 5.1.

·         "Service Credit" means the credit issued to Customer in accordance with Section 8 in the event of a failure to meet the Maximum Response Time.

·         "Theater" means the geographic region in which Customer's primary operations are located (Americas, Europe, Middle East, or Rest of World), which determines the applicable Business Hours and support contacts. 

2   ImagicleCare Support Plans

Imagicle provides three ImagicleCare support plans for software and services, to cover a range of customer requirements. All three plans are available for every Imagicle Offerings, with specific conditions by license type described hereafter. 

·         ImagicleCare Basic provides technical support during Business Hours with best-effort priority, software maintenance releases, and security updates.

·         ImagicleCare Gold provides technical support with extended hours (including Saturdays), predefined response times (60-minute SLA for P1), Proactive Support 

·         ImagicleCare Platinum provides, on top of ImagicleCare Gold, 24×7×365 technical support, 60-minute SLA for P1 including outside Business Hours.

“Proactive Support” is a monitoring service included in Gold and Platinum plans.

 When an issue is detected, a ticket is automatically opened to Imagicle Technical Support and handled in accordance with the ImagicleCare plan’s SLA.
For Platinum customers, P1 alarms trigger an immediate 24×7 on-call response.

For Self-Hosted customers Proactive Support requires the Imagicle software connected to Imagicle Cloud and data transmission enabled via the Cloud Platform Shared services.

 For Self-Hosted customers, ImagicleCare Gold and Platinum also include remote support sessions (“Remote Support”), where on customer authorization Imagicle can get access to the Imagicle environment for troubleshooting activities. 

3   Service Coverage by License Type

3.1   Perpetual Licenses

All Imagicle solutions purchased with perpetual licenses include ImagicleCare Basic for one (1) year from the date of purchase.

Customers may upgrade to ImagicleCare Gold or Platinum at any time by purchasing the corresponding plan.

Renewal is required before contract expiry to maintain service continuity.
Upon renewal, the service period extends from the previous contract end date.
If a contract has been expired for more than thirty (30) days, an Upgrade Fee may apply. 

3.2   Software Subscription Licenses

All Imagicle solutions purchased as software subscription licenses include the ImagicleCare service at the plan level specified in the applicable Sales Order (Basic, Gold, or Platinum).

The support service is co-terminated with the subscription term.

If Customer does not renew, access to software updates and technical support ceases upon expiry. 

3.3   Cloud Subscription Licenses

All Imagicle solutions purchased as Cloud subscription include the ImagicleCare service at the plan level specified in the applicable Sales Order (Basic, Gold, or Platinum).

The support service is co-terminated with the subscription term. 

If Customer does not renew, access to both the Cloud service and technical support ceases upon expiry. 

3.4   End of Life and End of Support

Imagicle products may enter an End of Life (EOL) period during which Imagicle ceases selling the product but continues to provide support for a defined period (typically three years, though shorter periods may apply). Products in End of Support (EOS) status are neither available for purchase nor eligible for technical support. Current EOL and EOS dates are published at www.imagicle.com/go/EOL. 

4   Plan Comparison

The following table summarizes the key features of each ImagicleCare plan. Full details are provided in the sections that follow. 

·         SW Maintenance — 3 seasonal releases (new features + bug fixes): all plans.

·         SW Security Fixes and Updates: all plans.

·         Technical Support channels (web portal, email, phone): all plans.

·         Predefined response times (SLA): Gold and Platinum only.

·         Remote Support for Self-Hosted customers: Gold and Platinum only.

·         Extended hours including Saturday: Gold and Platinum only.

·         24×7×365 and on-call duty service: Platinum only.

·         Proactive Support: Gold and Platinum only.

5   Service Level Agreement

The SLA governs Imagicle’s commitment to acknowledge and begin work on support tickets within the Maximum Response Time. Because the resolution of a Customer problem may involve components outside Imagicle’s control (hardware, operating systems, third-party software, calling platforms, networking), the SLA relates to taking care of the problem and cannot guarantee a Maximum Resolution Time.

Imagicle may reduce the priority level of a ticket if Customer is unable to provide the resources or information necessary to allow the problem to proceed to resolution.

5.1   Priority Levels

·         P1 CRITICAL - SEVERE IMPACT: Application/system is compromised. Significant loss of service.

·         P2 HIGH — SIGNIFICANT IMPACT: Application/system runs discontinuously. Reduction of Services.

·         P3 MEDIUM — MINOR IMPACT: Application/system runs with a moderate loss of services. Expedients allow work continuation without damage.

·         P4 LOW — MINIMAL/NONE IMPACT: Application/system runs without or very little service impediment.

5.2   Maximum Response Times

The following table sets out the Maximum Response Times by priority level and plan: 

• Maximum Response Time is calculated from ticket creation to Imagicle’s first substantive response, excluding time spent awaiting Customer-provided information or third-party actions. Business Hours are defined according to the Customer’s Theater as described in Section 6.

5.3   Escalation Matrix

For Gold and Platinum plans, unresolved tickets are escalated according to the following matrix (times in Business Hours from ticket creation): 

·         P1: 2h → Support Regional Manager | 4h → Support Manager | 8h → Co-CEO and CTO

·         P2: 4h → Support Team | 8h → Support Regional Manager | 16h → Support Manager | 40h → CEO

·         P3: 8h → Support Team | 16h → Support Regional Manager | 40h → Support Manager

·         P4: 16h → Support Team | 40h → Support Regional Manager 

6   Support Hours and Channels

6.1   Business Hours by Theater

Support is available during the following Business Hours: 

Americas: Monday–Friday, 7:00 AM – 5:00 PM EAST/EDT | Phone: +1 305 501 3030

Europe: Monday–Friday, 09:00–18:00 CET/CEST | Phone: +39 0584 943232

Middle East (Sun–Thu): Sunday–Thursday, 09:00–18:00 GST | Phone: +971 43605197

Middle East (Mon–Fri): Monday–Friday, 09:00–18:00 GST | Phone: +971 43605197

Gold plans additionally cover Saturday (Americas: 8:00 AM–12:00 PM EST/EDT; Europe: 09:00–18:00 CET/CEST; Middle East: 12:00–18:00 GST) and bank holidays.

Platinum plans provide 24×7×365 coverage including an on-call duty service for P1 Critical issues outside Business Hours.
On-call service is provided in English only and requires a dedicated PIN issued at plan activation. 

6.2   Support Channels

Imagicle Help Center (support.imagicle.com) includes a self-service Support portal available 24×7×365, including knowledge base, manuals, and video guides.

The Support Portal is preferred channel for ticket submission, status tracking, and communication with the support team.
Requires prior registration in the Imagicle Partner Area / Customer Area.

Phone is available during Business Hours (see Section 6.1).
On-call phone access for P1 Critical issues is available to Platinum customers outside Business Hours.

Email: available for ticket submission; no SLA applies to email-submitted tickets.

Remote Support (Self-Hosted customers): available for Gold and Platinum plans. Imagicle specialists can connect directly to the Customer’s environment for troubleshooting. 

6.3   Language Support

Imagicle provides support in the following Primary languages:
Italian, English, French, Spanish, and Arabic.

The Primary languages are spoken by all team members in the relevant Theater.
Optional languages may be accommodated on a best-effort basis; SLAs cannot be guaranteed for tickets handled in optional languages. 

• EU & Rest of the World: primary — English, Italian; optional — French, Spanish

• Middle East: primary — Arabic, English

• Americas: primary — English; optional — Spanish 

6.4   Support Request (Ticket) Definition

A support request (“ticket”) covers a single, indivisible issue. Where a request relates to multiple distinct issues, each issue is treated as a separate ticket. All plans (Basic, Gold, Platinum) include an unlimited number of tickets.
Tickets are opened via the Support Portal, phone, or email. 

6.5   Level of Support

Imagicle provides two levels of technical support:

·         2nd Level — System Administrator (Customer/Reseller): specialist support for requests that have already undergone initial troubleshooting by the Customer’s Imagicle system administrator or Imagicle partner/reseller. This is the standard support level included in all plans.

·         1st Level — End Users: direct support to end users (e.g., customer service operators) is not included in standard plans. It may be offered on a project basis to Gold and Platinum customers at an additional fee. 

7   Software and Services and Updates

All active ImagicleCare plans include access to software and service updates of the purchased product or service.

New features are issued at three set points during the year (spring, summer, and winter) and include new features, improvements, and bug fixes. Intermediate releases may be issued for timely bug and security fixes between seasonal releases.

If Imagicle identifies a vulnerability in one of the Imagicle services listed in the OWASP Top 10 (as published at http://owasp.org ), or other material generic vulnerabilities, an update will be scheduled and released.

All security fixes apply to the latest version of the product or service.

To benefit from security updates, Self-Hosted customers must upgrade to the most recent version, available at no extra cost under an active support plan.

 Coverage for additional modules, product customizations, client licenses is always co-terminated with the base product they are associated with. 

8   Service Credits

In the event that Imagicle fails to meet the Maximum Response Time for a Gold or Platinum plan ticket, Imagicle shall issue a Service Credit to Customer in the amount of a percentage of the fees paid by Customer for the relevant Offering in the applicable service period, as follows: 

Service Credit percentages are not cumulative. The Service Credit remedy is Customer’s sole and exclusive remedy for failure to meet the Maximum Response Time.

To receive a Service Credit, Customer must submit a claim by emailing servicecredit@imagicle.com.

To be eligible:

·         the claim must be received by Imagicle by the end of the calendar month following the service period in which the SLA failure occurred;

·         the email subject line must include the words "SLA Credit Request"; and

·         the claim must include the dates and times of each incident for which a credit is claimed.

If the SLA failure is confirmed by Imagicle, Imagicle will issue the Service Credit within one (1) calendar month following receipt of the claim. Service Credits will be applied against future sums payable by Customer to Imagicle for the relevant service. If a credit balance remains at the conclusion of a subscription term and no further sums are due, Imagicle will issue a credit note.

Service Credits do not apply to: (i) SLA failures caused by Customer’s failure to provide information, access, or resources required for ticket resolution; (ii) circumstances beyond Imagicle’s reasonable control (force majeure); (iii) failures attributable to third-party components outside Imagicle’s control; or (iv) tickets submitted outside the supported channels. 

11   Customer Obligations

Customer agrees to the following obligations. Failure to comply may reduce the level of support Imagicle is able to provide and may result in Imagicle being unable to meet applicable SLAs, for which Imagicle shall not be liable:

• Customer shall ensure Imagicle systems are used and maintained in accordance with the documentation provided with the product.

• In case of Self-Hosted, Customer shall keep the Imagicle software updated to the most recent release version.

• Customer shall complete support request forms accurately and include all required information when submitting a ticket.

• In case of Self-Hosted Customer shall provide Imagicle with connectivity to the product for remote support and maintenance purposes, and shall agree with Imagicle on the necessary security measures. Customer alone is liable for network security.

• Customer shall cooperate with Imagicle in issue investigation and provide electronic access to the product as reasonably requested. Should Customer fail to provide or delay access, Imagicle shall not be liable for any resulting reduction in service for the period of such failure or delay.

• Customer shall pay the agreed fees within the agreed term. Imagicle may withhold support services until outstanding fees have been paid.

• Customer is responsible for maintaining daily backups and for the integrity and security of its data and software against loss, damage, or corruption. 

12   Service Exclusions

Imagicle has no obligation to provide support under this Agreement in the following circumstances:

• the Customer has altered, damaged, or modified the product or any part thereof without the express written consent of Imagicle Technical Support;

• the product has reached End of Support (EOS) status (see www.imagicle.com/go/EOL);

• the product is not covered by an active support contract;

• the issue is caused by negligence, misuse, modification, improper installation environment, or use of incompatible supplies or materials;

• the product is being used on systems other than those specified and approved by Imagicle;

• the issue relates to a third-party product not supplied by Imagicle. Imagicle will resume troubleshooting once the third-party issue has been resolved by the relevant vendor. 

14   Personal Data Processing

The provision of support and maintenance services may involve Imagicle accessing or processing personal data on behalf of Customer. Such processing is governed by the Imagicle Data Processing Agreement (“DPA”), available on https://www.imagicle.com/legal-terms/data-processing-agreement  

15   Relationship to Imagicle Terms and Conditions

This Agreement supplements and is subject to the Imagicle Terms and Conditions of Sale.

In the event of conflict, the order of precedence set out in the preamble of this Agreement applies.

All limitations of liability, warranty disclaimers, and other general provisions of the T&C apply to the services governed by this Agreement.

Imagicle may update this Agreement at any time by publishing a revised version on the Imagicle website. The version in effect on the Effective Date of the applicable Sales Order governs that Order.