Software Services and Service Levels
1. Software-as-a-Service (SaaS)
Deque will provide Customer with access to SaaS products via Amazon Web Services, or other designated 3rd parties, and make such SaaS products available to Customer at the outermost point on Deque’s firewall connection to the public Internet (the “Demarcation Point”) during the Term. Customer must provide all hardware, software, and connectivity necessary to access the Software through the public Internet at the Demarcation Point.
SaaS Service Level
Deque will use commercially reasonable efforts to cause the SaaS to be available at least 99% 24x7x365 not counting scheduled maintenance of which Deque notifies Customer and not counting time during which Deque is prevented by acts, omissions, or conditions beyond Deque’s reasonable control. Customer may monitor compliance at: https://status.deque.com/.
2. Technical Support and Maintenance Services
Deque shall provide the Technical Support and Maintenance Services hereunder during the Term. Deque may change the Technical Support and Maintenance Service offered at any time, effective as of the commencement of any Renewal Term, provided only that Deque gives 60 days prior to the commencement of the Renewal Term.
2.1 Technical Support Services
Deque shall provide technical assistance to Customer regarding the installation and diagnosis of suspected defects in the Software in accordance with one of the methods listed below (“Service Request”).
Telephone Support: 703-225-0380 extension 281
Email Support: helpdesk@deque.com
Support Portal: support@deque.com
Technical Support Service Level
Deque will respond to each Service Request within the Service Level below.
Technical Support Business Hours:
Monday – Friday (excluding Deque Annual Holidays)
8:00 AM to 6:00 PM Eastern Time (“ET”)
- Service Requests received during the support business hours listed above will be returned within two (2) business hours.
- All Service Requests received after 6 PM ET will be returned before 9:00 AM ET the following morning.
- Each Service Request will be evaluated, and critical Service Requests will be escalated as required.
If support is required outside our standard support business hours, the support session must be scheduled at least two (2) business days in advance. Support provided outside normal support business hours will be invoiced at Deque’s then-current standard billing rate.
Deque Annual Holidays
- New Year’s Day*
- Memorial Day
- Juneteenth*
- Independence Day*
- Labor Day
- Thanksgiving Eve**
- Thanksgiving Day
- Native American Heritage Day
- Christmas Eve**
- Christmas Day
- Boxing Day*
*If the holiday falls on a Saturday, Deque will observe the holiday on the Friday before the actual legal holiday and if the holiday falls on a Sunday, Deque will observe the holiday on the Monday after the actual legal holiday.
**Where Thanksgiving Day or Christmas Eve falls on Monday – Friday, Deque offices will close at 1 pm ET on the day prior to the actual Deque Annual Holiday.
2.2 Maintenance Services
Updates
Deque shall make available to Customer each minor and major functional release of the Software that Deque makes generally available without additional charge to its licensees to replace a prior Software release (“Updates”). Updates do not include any releases or future products that Deque licenses separately. A major functional release is indicated by a change in the first digit of a version number, e.g., from 4.0.0 to 5.0.0; a minor functional release is indicated by a change in the second digit, e.g., from 4.0.0 to 4.1.0. Maintenance releases that are indicated by a change in the third digit of a version number, e.g., from 5.0.1 to 5.0.2, are provided as needed.
Bug Fixes
Deque shall exercise commercially reasonable efforts to correct any reproducible malfunction of the Software reported to Deque by Customer that prevents the Software from performing in accordance with the operating specifications described in the then-current Documentation.
Retirement of Releases
Support and Maintenance Service is provided for the current and one (1) the previous release of the Software. Releases that are not the current or one (1) previous release will be retired. Deque shall not be responsible for maintaining or supporting retired versions of the Software. In all events, however, telephone and email support services are provided with respect to “how-to” use questions for a retired version of the Software for 12 months following its retirement.
Support Exclusions
Deque shall have no obligation to support: (i) Software modified without Deque’s written consent, (ii) use of the Software other than as provided in the Documentation, (iii) use of the Software other than in accordance with the terms of this Agreement, (iv) changes in the Customer hosted environment that causes the software not to function in accordance with the Documentation or not to provide Usage Data to Deque, or (v) on customer premise installations and installation support.
Supported axe DevTools for Web API Integrations
Deque supports the following API Integrations: Cypress, Playwright, Puppeteer, WebdriverIO, WebdriverJS, Browser Javascript, Java, C#, Ruby, Python, Cucumber Javascript, and Karma. Non-Supported API Integrations will be included upon mutual written agreement of the parties.
