This Support Policy describes the levels of support provided by Pivoten for its products and services (collectively, the "Products").
This Support Policy is subject to change without notice.
The current version of this policy is v2023040801, dated April 8, 2023.
2.1 "Support" means assistance with the installation, configuration, and use of the Products, as well as troubleshooting and resolution of issues related to the Products.
2.2 "Bug" means an error or defect in the Products that cause them to not function as described in the applicable documentation.
2.3 "Enhancement" means a new feature or functionality requested by a customer that is not currently available in the Products.
2.4 "Products" means a licensed copy of SherWare Distribution Manager, Distribution Manager Integrated Edition, Accounting Manager, Well Profits, SherWare Financials, and or Pivoten 360.
2.5 "SherWare Perpetual Licensed Application" is a Product License purchased prior to January 1, 2023, sold by SherWare, Inc., and used by the original purchaser.
2.6 "SLA" means the service level agreement, purchased by the customer and the associated availability and response times to be expected, with no guarantee or warranty implied.
All support is provided on a fee basis and by contract. Three (3) SLA levels of Support Contracts are available for purchase:
3.1 Silver Support: Silver support includes access to email support, access to any knowledge base, product documentation, and or community forum. Email support is available between the hours of 9 am and 5 pm Eastern Standard Time. No live agent phone support is provided to Silver Support contracts.
3.2 Gold Support: Gold Support includes access to phone and email support, priority handling of support requests, and assistance with installation, configuration, and troubleshooting. Live agents are available between 9 am and 5 pm Eastern Standard Time.
3.3 Platinum Support: Platinum Support includes access to phone and email support, priority handling of support requests, and assistance with installation, configuration, and troubleshooting. Live agents are available between 8 am and 5 pm Eastern Standard Time.
3.4 No Active Support Contract: Pivoten maintains the right to provide some basic support, on a case-by-case basis, to any original owner, purchaser, or licensee of a SherWare Perpetual Licensed Application. A per-case, or per-incident, or related fee might be required before support is provided.
4.1 Customers may submit support requests through any of the following means:
- Customer Support Portal
- Phone, depending on their level of support.
4.2 Support requests will be handled on a first-come, first-served basis, with priority given in the order of Platinum, Gold, and Silver, followed by trial or expired clients.
4.3 Pivoten will use commercially reasonable efforts to respond to support requests in a timely manner and to provide a resolution or workaround within a reasonable period of time. It is the client's responsibility to request that any issue or matter be escalated to a member of the executive management team.
5.1 Pivoten will use commercially reasonable efforts to address and resolve "Bugs" reported by customers in a timely manor.
5.2 Bug fixes will be provided as part of regular product updates, and will be available to all customers with an active support contract or SaaS license.
5.3 Software updates and or bug fixes are not guaranteed to be provided to any client past, noncurrent support contract client, who has purchased any software license prior to January 1, 2023.
5.4 Support Contracts that have expired for more than 60 days will not necessarily be renewed unless approved by Pivoten management.
6.1 Pivoten welcomes customer feedback and suggestions for product enhancements.
6.2 Pivoten will review and consider all enhancement requests but does not guarantee that any particular enhancement will be implemented.
6.3 If an enhancement is implemented, it is at the discretion of Pivoten if it will be made available to all customers as part of a future product update or as an additional cost.
7.1 Pivoten is not responsible for providing support for issues caused by customer modifications to the Products, or by third-party products or services.
7.2 Pivoten is not responsible for providing support for outdated or unsupported versions of the Products.
8.1 Pivoten makes no warranties or representations with respect to the Products, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.1 Pivoten, or any subcontractor, 3rd party provider, or related party shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Products, even if Pivoten has been advised of the possibility of such damages.
10.1 This Support Policy shall be governed by and construed in accordance with the laws of the State of Delaware, and only be associated with a valid License of the Products.
10.2 Any legal action arising out of or in connection with this Support Policy shall be brought exclusively in the state or federal courts located in Vanderburgh County, Indiana.
11.1 This Support Policy constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of this Support Policy.
11.2 All concerns and questions related to this Support Policy must be submitted in writing to Pivoten, LLC 1610 Wynkoop Street, Ste. 118, Denver, Colorado 80202. It is recommended to send using the USPS registered mail service.