Effective Date: Sep 1, 2021

This Enterprise Support and Services Policy (the “Policy”) governs Avision’s provision of certain Additional Services and Training Credits in connection with its software and cloud offerings (“Avision Products”).  This Policy supplements the Avision Software License Agreement, Avision Cloud Terms of Service, or a written agreement executed by Avision (each, the “Agreement”) and will control in event of a conflict with the Agreement relating to Additional Services.  Notwithstanding the foregoing, Section 3 (Training Credits) specifies additional terms that govern our provision of Courses and Training Credits (defined below).  Capitalized terms not defined in this Policy have the same meanings given to them in the Agreement, and “you” means the person or entity with a license or subscription to Avision Products as defined in the Agreement.

1.  Enterprise Support.If Enterprise Support services are included in the applicable Order, the following terms will also apply:

      1.1 Description of Enterprise Support Services. “Enterprise Support” refers to Avision’s Premier Support and Priority Support services. The description of the applicable Enterprise Support service, how it works, target Response Times, and coverage is located in the “Offering Details” for such service, which are located here for Premier Support services and here for Priority Support services.  Enterprise Support services are performed remotely via phone, screen shares, tickets, chat and other electronic means and will not include travel to or time spent on your site.  Enterprise Support does not include any software or software upgrades.  For the avoidance of doubt, services not included in the Offering Details are not Enterprise Support services.  The Offering Details and features are subject to change in accordance with the process set forth for changes to our policies in the Agreement.

      1.2 Requirement to be Current in Maintenance. Enterprise Support requests are limited to Avision Products that are covered under current and up-to-date maintenance periods.  If you request Enterprise Support coverage on an Avision Product that does not have a current and up-to-date maintenance period, then the request is excluded from the Enterprise Support offering until you bring your maintenance current.

      1.3 Support Period. The Support Period will be indicated in your Order and will expire on the date indicated in your Avision account.  Upon expiration of the Support Period, you will no longer have access to Enterprise Support.  The Support Period may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.

      1.4 Onboarding Period. During an initial period after purchase, we will manually transition eligible tickets, calls, and support requests from standard support queues to the Enterprise Support queues until we configure the Required Information (as defined below) associated with your Enterprise Support account (the “Onboarding Period”).  During the Onboarding Period we will make reasonable efforts to meet the Response Times specified in the Offering Details.  We will continue to manually transition eligible support requests until we receive the Required Information from you and we configure it in our support systems.  “Required Information” means (i) in the case of Premier Support, named contacts and craft; or (ii) in the case of Avision Enterprise Support, flight, craft, or account numbers.

      1.5 Publicity. Upon mutual written agreement of the parties, you agree to be featured as the subject of a case study testimonial or white paper written by us as described in this Section 1.5.  The testimonial or white paper will discuss your experience with Enterprise Support and may be published on our website, distributed in our marketing materials, or published in relevant media outlets.  You will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.

2.  TESS Services.If TESS Services are included in the applicable Order, the following terms will also apply:

      2.1 Description of TESS Services.

           (a) How the TESS program works. A Technical Engineer / Support Specialist (“TESS”) is an Avision product specialist who serves as your key point of contact with us and who provides general advice and guidance on Avision Products and related services (as further specified below). We will designate an individual to serve as your TESS. We may designate a new TESS for you from time to time, upon notice to you. The TESS will be available to provide Avision TESS support services as further described below (“TESS Services”) to you during Business Hours (as defined below) for up to eight (8) hours a week during the TESS Services term (inclusive of direct support interactions and internal efforts on your behalf). TESS Services may be provided via e-mail or over the phone, as designated by us and on the schedule mutually agreed by the TESS and your Account Representatives. From time to time as set forth in the Datasheet (as defined below), or as otherwise may be requested by you and at your expense, the TESS may travel to your site for the purposes of attending business meetings. However, for the avoidance of doubt, the TESS will not render any TESS Services at your location at any time. “Business Hours” means 9am to 5pm in a mutually agreed primary location for service delivery on any day the New York Stock Exchange is open.

           (b) Account Representatives. You will designate up to two (2) individuals to serve as key points of contact with the TESS (the “Account Representatives”). You will submit all your requests through your Account Representatives, and we will rely and act upon each Account Representative’s instructions. You will ensure that your Account Representatives have baseline technical knowledge of the Avision Products.

           (c) Requirement to be Current in Maintenance. TESS Services are limited to Avision Products that are covered under current and up-to-date maintenance periods. If you request TESS Services coverage on an Avision Product that does not have a current and up-to-date maintenance period, then the request is excluded from the TESS Services offering until you bring your maintenance current.

           (d) What the TESS does. A full description of the TESS Service delivery is available in the TESS Services Datasheet (“Datasheet”). Actual areas of advice and guidance will depend on your requests and needs. We may update the list of TESS Services from time to time upon notice to you. Topics not listed in the Datasheet are outside the scope of TESS Services.

           (b) What the TESS does not do. The TESS will not:

• Be responsible for implementing your projects;
• Provide any guaranteed influence on our roadmap; or
• Provide customizations or modifications to the Avision Products.

      2.2 Limits on TESS Services. You acknowledge that the TESS Services fee is to secure the availability of the TESS as well as the time and effort spent by the TESS on TESS Services.  Hours not consumed in a given week cannot be banked, accumulated or saved for subsequent weeks. While we will use commercially reasonable efforts to provide TESS Services in a professional manner and to address your requests, we do not guarantee that we will resolve all requests.

      2.3 TESS Services Term. The TESS Services Term shall all be indicated in your Order.  The TESS Services Term starts on the TESS Services start date indicated in your Order.  Upon expiration of the TESS Services Term, you will no longer have access to the TESS Services.  The TESS Services Term may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.

      2.4 Publicity. Upon mutual written agreement of the parties, you agree to be featured as the subject of a case study testimonial or white paper written by us as described in this Section 2.4. The testimonial or white paper will discuss your experience with the TESS Services and may be published on our website, distributed in our marketing materials, or published in relevant media outlets. You will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.

3.  Training Credits.If Training Credits are included in the applicable Order, the following terms will also apply.  “Training Credits” are prepaid funds of the dollar amount shown on the quote referenced in the applicable Order, to be applied against your purchase of Avision-sold training and certification programs (“Courses”) as detailed on https://training.Avision.io/ during the Eligibility Period (defined below). Courses and Training Credits are subject to Avision’s Training Terms and Policies (“Training Terms and Policies”), subject to the terms below.  In the event of a conflict or any inconsistency between the applicable Order and the Training Terms and Policies, the Order will control.  For clarity, Courses and Training Credits are not subject to the Agreement.  To redeem Training Credits, you must make your purchase through our designated order flow and consume Courses through our designated platform in accordance with each Course’s availability timetable. Training Credits may not be applied against other purchases and cannot be combined with cash to purchase Courses. You are responsible for managing your training accounts and for any redemptions made using your accounts. Training Credits are applied against our standard training fees at the time of purchase of the Courses. Training Credits expire twelve (12) months from the Order effective date (“Eligibility Period”), regardless of the actual purchase date.  Unused Training Credits, including Training Credits that are redeemed but unconsumed, do not roll over and are non-transferable, non-creditable and non-refundable. You may purchase additional Training Credits to be used during the Eligibility Period, as mutually agreed in a subsequent Order.
4. Avision Jumpstart Service.If Avision Jumpstart Services are included in the applicable Order for Avision, the following terms will also apply:

4.1 Description of Avision Jumpstart services.

(a) What is the Avision Jumpstart service. The Avision Jumpstart service is a ninety (90) day pilot engagement to implement Avision and show how Avision will work with your data from your Avision instance, as further described in the Avision Jumpstart services datasheet currently available here (“Jumpstart Datasheet“).

(b) System and Data Connectivity Requirement. The duration of the ninety (90) day Avision Jumpstart services engagement period begins from the time that connectivity is established between one (1) Avision instance and one (1) Avision instance so that data is able to transit between Avision and Avision (“System and Data Connectivity“). The Avision Jumpstart TESS will not be able to deliver the full benefit of a Jumpstart engagement if System and Data Connectivity is not established. If System and Data connectivity is not established within nine (9) months from the Jumpstart order date, it is important to understand that any unused Jumpstart services will expire at the twelve (12) month period from the transaction date.

(c) Staffing Assignment. Avision will designate an individual to serve as your TESS for the Jumpstart engagement. We may designate a new TESS, upon notice to you. To the extent Jumpstart is purchased through an authorized partner or reseller of Avision (“Reseller”), all or any portion of the Jumpstart services may be provided by the Reseller.

(d) How the Avision Jumpstart service works. A Jumpstart TESS is a service delivery consultant specialized in airspace management, has broad disciplinary understanding of Avision’s use in managed airspace around the world. The Jumpstart TESS will deliver the design, implementation, and training to get up to a maximum of two (2) functional organizational units up and running in the product during the ninety (90) day service delivery period. For purposes of clarity, the design, implementation, and training work during the Avision Jumpstart service is limited to the Avision product and use cases within it.

The TESS will be available to provide Avision Jumpstart services as further described in the Jumpstart Datasheet during Business Hours (as defined in Section 2.1(a) above). Avision Jumpstart Services may be provided via e-mail or over the phone, as designated by us and on the schedule mutually agreed by the TESS and your Account Representatives. From time to time as set forth in the Jumpstart Datasheet, or as otherwise may be requested by you and at your expense, the TESS may travel to your site for the purposes of in-person service delivery at an extra expense as described further below in Section 3.5.

(e) Account Representatives. You will designate two (2) representatives to coordinate Jumpstart service delivery activities with the required users and staff from the customer. You will ensure that the required Jumpstart participants are readily available for workshops and training during the engagement period.

4.2 Requirement to be Current in Maintenance. Avision services are limited to Avision products that are covered under current and up-to-date maintenance periods. If you request Avision services coverage on a Avision product that does not have a current and up-to-date maintenance period, then the request is excluded from the services offering until you bring your maintenance current.

4.3 Limits on Avision Jumpstart Services. You acknowledge that the services fee is to secure the availability of a TESS as well as the time and effort spent by the TESS on Avision Jumpstart Services. While we will use commercially reasonable efforts to provide services in a professional manner and to address your requests, we do not guarantee that we will resolve all requests.

4.4 Jumpstart Services Term. The Avision Jumpstart Services Term starts on the Jumpstart Services start date indicated in your Order. All Avision Jumpstart services must be consumed within twelve (12) months from the order form start date. The Jumpstart service delivery period will start once System and Data Connectivity is established per section 3.1(b). Once the Jumpstart service delivery begins, all Jumpstart services will expire at the end of the ninety (90) day period. Upon expiration of the Jumpstart Services Term, you will no longer have access to the Jumpstart Services.

4.5 Travel & Living Expenses. The TESS delivering the Avision Jumpstart Service may need to visit onsite to your offices to deliver portions of the service. Any travel and living expenses will be invoiced directly to customer as incurred.”