These Support Terms and Conditions govern the delivery of any standard Support (defined below) and is entered into by you, either an individual or an entity, and your Affiliates (“You” or “Company”) and Ackuretta Technologies Private Limited, a Taiwan-based corporation having its principal place of business at 6F, No.322, Section 1, Neihu Road, Neihu District, Taipei City 11493, Taiwan (R.O.C.) (“Ackuretta”).
Affiliates means an entity controlled by, under common control with, or controlling such party, where control is denoted by having fifty percent (50%) or more of the voting power (or equivalent) of the applicable entity. Subject to this Agreement, Affiliates may use the Support provided hereunder. All references to Ackuretta shall be deemed to be references to Ackuretta and its Affiliates, and all references to Company, You, or Your shall be deemed to be references to Company and its Affiliate(s).
Contact means the person(s) designated by You to act as the Company’s point of contact and who is otherwise responsible for the day-to-day operation of the Printer and the activities and responsibilities agreed hereto.
Printer means the hardware.
Documentation means the official user documentation provided by Ackuretta to You on the use of the Printer and other related Software. For the avoidance of doubt, any installation guide or end user documentation not prepared or provided by Ackuretta; any online community site; unofficial documentation, videos, white papers, or related media; or feedback does not constitute Documentation.
EULA means the Ackuretta End User License Agreement.
Release means all generally available releases of the Software that (i) contain new features, functionality, extensions, or fixes for bugs, and (ii) are designated by means of a change in the digit to either the left of the first decimal point (e.g., Alpha 3D 1.0 >> Alpha 3D 2.0), to the right of the decimal point (e.g., Alpha 3D 1.0 >> Alpha 3D 1.1), or to the right of the second decimal point (e.g. Alpha 3D 1.2 >> Alpha 3D 1.2.1).
Software means the object code versions of the product, together with the updates, Releases, modifications or enhancements, owned and provided by Ackuretta to You pursuant to the EULA.
Support means the standard maintenance and/or support to be provided by Ackuretta or its designated agents as set forth in this Agreement.
Supported Platform means a Computer or platform that functions with the Software and components contemplated for use with the Software. Changes to any of the foregoing that break compatibility or inhibit the functionality of the Software, unless authorized by the Documentation, do not constitute a Supported Platform.
Term means the period that You are eligible to receive Support, which starts: (i) the day the Printer is shipped to You, or (ii) if You are purchasing Support, the date that You purchase Your Support, to the date that the Support expires.
Ackuretta Support. Subject to the terms and conditions of this Agreement, Ackuretta shall, during the Term, provide You with Support, provided that You have obtained such Software from Ackuretta.
Provision of Support. During the Term, You may receive:
Online Support. Your Contact(s) may submit support and related requests via an online webform that is available on the Ackuretta’ website and its websites, 24 hours a day, 7 days a week, 365 days a year. Each request is given a unique identification number for Your convenience and reference. All online support submissions are managed using the English language.
Telephone Support. Telephone support is generally available 24 hours a day, 7 days a week, 365 days a year.
Releases. You may receive Releases of the Software, which can be obtained from Ackuretta’ Customer Portal.
LIMITATIONS OF Support
Purchase Requirement. Except as otherwise agreed upon by Ackuretta, You may purchase Support only for a Printer that you have purchased directly from Ackuretta.
Access to Your Print Files. Upon explicit request by You, You acknowledge that Ackuretta may perform Support that may be conditioned upon access to Your Computer and/or print files. You understand and agree that the completeness and accuracy of the information You provide to Ackuretta may affect Ackuretta’ ability to provide Support to You.
Exclusions. Ackuretta will have no obligation to provide Support for problems caused by or arising out of the following:
Modifications or changes to the Supported Platform or Software, except for any modification or change made by You as directed by Ackuretta in the Documentation;
Use of the Software that is not authorized in the EULA or the Documentation;
External physical factors, such as inclement weather conditions, which affects the ability to provide Support and which may cause electrical or electromagnetic stress or a failure of electric power, air conditioning or humidity control; neglect; misuse; operation of the Software with other media not in accordance with Documentation; or causes other than ordinary use; and
Third party products that are not authorized by Ackuretta in the Documentation or, for any third party products that are authorized by Ackuretta in the Documentation, problems solely arising from such third party products.
Supported Releases.Ackuretta shall not be obligated to provide Support for any Release of the Software aside from the current and previous Release of the Software. Notwithstanding anything to the contrary herein, Ackuretta may, at its discretion, decide to retire the Software from time to time (“End of Life”). Ackuretta shall publicly post a notice of End of Life, including the last date of general commercial availability of the affected Software and the timeline for discontinuing the Support on its website. Ackuretta shall have no obligation to provide Support for Software that is outside of the applicable service life.
In addition to Your compliance with this Agreement, Ackuretta’ obligation to provide You with Support are subject to the following:
You agreeing to receive communications from Ackuretta via email, telephone, and other formats, including communications concerning Support, the extent of Your coverage, errors, technical issues, and availability of Releases.
The delivery of the Company name as well as Your Contact’s name, relevant contact information, and Your Ackuretta identification number when You request Support.
Your cooperation with Ackuretta to enable Ackuretta to provide You with the Support.
The assumption of responsibility for performing all operations on the Supported Platform and for the use of the Software. Ackuretta shall have no responsibility to perform operations on Your Computer or the Supported Platform or for operations performed on Your Computer or the Supported Platform. You are solely responsible for the use of the Software and shall properly train Your personnel in the use and application of the Software in accordance with the EULA and the Documentation.
Your prompt notification to Ackuretta of all problems with the Software and Your prompt implementation of any corrective procedures provided by Ackuretta relating to the Software.
Your protection, storage, and back-up of data and information stored on Your Computer or Supported Platform on which and with which the Software is used. You are solely responsible for Your data and information and should confirm that such data and information is protected and backed up in accordance with any internal or regulatory requirements.
Internal Use.The Support purchased by You is intended for use by You and only for Your benefit.
Designated Contact Requirements. The parties agree that the Support is intended to be provided to technical personnel performing the daily administration of the Software on Your Computer. You shall identify at least one Contact for Ackuretta’ records, and at least one of Your Contacts must be an administrator who coordinates and controls access for other Contacts from the Company. Ackuretta will provide Support to only Your Contact(s). You may not use a single Contact to act as a mere forwarding service for other personnel. Each Contact must be able to communicate in English and possess the relevant technical knowledge necessary to assist Ackuretta in performing the Support contemplated under this Agreement. You must promptly notify Ackuretta of any change in Your Contacts in writing. You shall allow one calendar week for processing by Ackuretta of any change in Contacts.