Drivewyze Service Technical Support
The provision and receipt of support services is governed by the Service Agreement agreed to by the Customer.
Services
Upon acceptance of Customer’s registration, Drivewyze will provide support services (“Support Services”) on Drivewyze software products or related technologies (“Supported Products”) as listed on the Drivewyze website at: http://www.Drivewyze.com/ (“Support Page”). Drivewyze reserves the right to amend the Support Services provided and/or Supported Products covered at any time, by posting updates to the Support Page. Drivewyze will not amend the Support Services and/or Supported Products in a way that (i) reduces the level of effort Drivewyze provides under the Support Services, or (ii) materially impacts Drivewyze’s obligation to deliver the Support Services, or (iii) materially impacts the rights that Customer receives under the Support Services.
Support
2.1 Support Incidents. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. Drivewyze will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. Drivewyze, in its sole discretion, will determine what constitutes a Support Incident and, to the extent permitted by law, if the
Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.
2.2 Response Times. Drivewyze will make reasonable efforts to respond to a Support Service request within a reasonable time. Drivewyze will respond to a reported issue in accordance with its priority. Customer will be notified that their issue has been received by Drivewyze, and might receive further communication from Drivewyze regarding the issue.
2.3 Current Release. Unless otherwise specified, all Supported Products must be at their most current release level.
2.4 Use. Support Services are not intended for use in activities in which the failure of the Support Services to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.
2.5 Technical Contacts. Support Services can be accessed by any Customer at any time while Customer is considered “active”. However, in the case of a Carrier, Technical Contacts will be assigned at the time of registration, and are considered the sole liaisons between Carrier and Drivewyze for technical support relating to specific account issues: billing, changes to DOT numbers, etc. For entities with multiple Technical Contacts, if Customer wishes to change the Technical Contacts, Customer must give no less than five (5) days written notice of the change to Drivewyze or enter the changes directly via the Customer’s secure, customized website.
Exclusions
Unless otherwise specified in the Service Plan, Drivewyze will not provide Support Services relating to problems or issues arising out of or from (a) issues that could be resolved by upgrading a Supported Product; (b) the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified; (c) third‐party products or technologies and their effects on or interactions with a Supported Product; (d) damage to the media on which a Supported Product is provided, or to the device on which a Supported Product is installed; (e) use of a computer or device system that is incompatible with a Supported Product; and (f) issues relating to Internet, email, file management, network configuration, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, onsite diagnosis, or other issues not within the scope of the Support Services.
Customer Responsibilities
To receive Support Services, Customer must follow the access instructions provided by Drivewyze. Customer is responsible for all fees in establishing and maintaining email and telephone communications with Drivewyze. Customer will cooperate with Drivewyze when seeking Support Services by providing information necessary to assist Drivewyze in diagnosing an issue. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will not disclose to Drivewyze confidential, proprietary or any information that is subject to intellectual property rights that may expose Drivewyze to liability. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer or device system that it is operating on. Customer may not transfer Support Services to a third party. Support Services are provided for the internal use of Customer only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions. Customer will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.
Remote Access Support Services
Drivewyze may provide Support Services via Internet remote access, whereby it will access, and if permitted by Customer, control and gather information on any Customer device running Drivewyze software through the installation and use of remote access software. Installation and use of the remote access software by Customer indicates its permission for Drivewyze to provide Support Services in this way. All or portions of the remote access software files may remain on Customer’s computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with Drivewyze Inc. and/or its licensors. Use of the applicable remote access software may be subject to additional licensing terms available at http://www.Drivewyze.com/. Customer may not disassemble or reverse engineer any portion of the remote access software. While remote access Support Services are provided, Drivewyze will only access, control and gather information on any Customer device running Drivewyze software that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. Drivewyze recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of any Customer device running Drivewyze software will allow Customer to terminate the remote access Support Service session at any time.
LAST UPDATED 1/22/12