Terms of Service

Allxon DMS Terms of Service

These Terms of Service applies to the context that the customers (“Customer”) contract directly with Allxon Inc. (“Allxon”). If any user purchases or acquires Allxon DMS service from a reseller, the Allxon DMS service and support should be the reseller’s responsibility and the service commitment shall be governed by the contractual relationship between the reseller and the user.

1. Server Level Commitment

1.01.Definitions
The following definitions shall apply to the Allxon DMS Terms of Service.

I. “Uptime”: means the Allxon DMS service available time for a properly registered user to log in to Allxon DMS web interface.

II. “Scheduled Downtime”: means any time that Allxon notifies Customers of a period of downtime by a five business days prior notice before the commencement of such Scheduled Downtime.

III. “Emergency Maintenance”: means any maintenance where Allxon may temporarily limit or suspend the availability of all or part of the Allxon DMS service at any time if it is necessary for reasons of public safety, security, or emergency maintenance of the service. In cases that the maintenance could not reasonably have been planned in advance as scheduled downtime, Allxon will use its best efforts to notify the Customer of the emergency maintenance as soon as possible.

IV. Software Update: means update or upgrade of Allxon DMS agent and/or the web interface or portal.

V. “Service Credit”: (a) 10% of the total invoice charges for the affected month if the Monthly Uptime Percentage for any calendar month is between 98.0% and 99.5%; or (b) 25% of the total invoice charges for the affected month if the Monthly Uptime Percentage for any calendar month is between 95.0% and 98.0 %; or (c) 50% of the total invoice charges for the affected month if the Monthly Uptime Percentage for any calendar month is less than 95.0%. In order to receive any of the Service Credit described above, Customer must notify Allxon within thirty (30) days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.

1.02.Allxon DMS Server Level Availability
Allxon commits to use all reasonable efforts to ensure that the Allxon DMS log-in web interface is available for Customer at the level of 99.5% of the time in any calendar month. This does not include any scheduled downtime and emergency maintenance. In the event that Customer experiences any of the service unavailable issues due to Allxon failure to provide Services, Customer will be eligible to receive the Service Credit described above.

1.03.Allxon DMS server level commitment does not include downtime caused by the devices (either hardware or software) used by Customer and does not include end point internet connection failure.

1.04.Service Credit will be calculated at each following month of the affected month and totaled with financial credit or refund back to the Customer. The aggregate maximum number of Service Credit to be issued by Allxon to Customer for any and all service unavailable period that occur in a single calendar month shall not exceed 50% of the total invoice amount for the affected month.

2. Data Backups and Data Protection

2.01Data Backups

Customer data is stored in a redundant database cluster which provides both high availability and failover protection. In the unlikely event that these systems should fail, Allxon will make commercially reasonable efforts to restore customer data. Data will be restored from the most recent nightly backup within a 72-hour period.

2.02Customer’s Compliance with Data Protection

Customer acknowledges that Allxon will receive the technical information, including but not limited to logs, form the devices used by Customer. Allxon does not use this mechanism to collect personal data. Allxon is only the Allxon DMS service provider and it is Customer’s sole responsibility to comply with all applicable data protection laws and regulations to process the information by using Allxon DMS service.

3. Customer’s Responsibility.

The Customer is responsible for the following:

I. Customer is responsible for internet access. Allxon is not responsible for the reliability or performance of any connections which are not owned or operated by Allxon, including, but not limited to any applications or software provided by any third parties.

II. Customer is responsible for their own password and account security. Customer is responsible for the control and management of its authorized personnel who have the right to access the Allxon DMS service. Customer should cancel the right of account and password by any person if such person is no longer authorized personnel of Customer.

III. While using Allxon DMS, the Customer is responsible for third-party applications that do not contain malicious activities against the service. In the event of malicious activity, Allxon reserves the right to deny service and to block or remove such malicious applications, software or activities if necessary. Allxon may claim damage against Customer for the malicious activities.

IV. Customer is responsible for reporting any interruption of the service availability as soon as possible.

V. Customer is responsible for Service Credit notification to Allxon as described in Section 1.01-V.

 

4. Support Level Commitment

4.01.Definitions

Technical support covers only incidents relating to abnormal or undocumented operation of a service provided by Allxon (“Technical Support”). For the purpose of this Support Level Commitment, “Product” means Allxon DMS agent software, Allxon DMS web portal and the connection between agent and portal and “Support” includes creating accounts, enroll devices, verify and respond to customer issues.

4.02.Support operation hour and Language

Technical Support is available on regularly scheduled working days (Monday to Friday) from 09:00 to 18:00 Taiwan local time excluding Taiwan public holidays.

Technical Support is provided in English or Chinese, as appropriate.

4.03.Submitting a Case

I. For security reasons, only registered account contacts with Allxon are authorized to report incidents through the support system Allxon provided.

II. When reporting a case, to ensure proper diagnostics of the issue being reported, Customer should provide as much detail as possible. Customer should provide including, but not limited to, a clear definition of the problem, what is the expected behavior, what are the resources (by providing device serial number) involved for the reported problem, steps tried to solve the issue, when the issue first started occurring, and the severity of the issue being reported.

III. When reporting a case, ensure the impacted devices are turned on with internet connected.

IV. In attempt to resolve an issue reported on older versions of the licensed Product, Allxon may ask the Customer to reproduce the event on the latest available version of the licensed software before proceeding with the investigation. Should the issue remain reproducible on the latest version, and no workaround is possible, Allxon will provide the software correction (or "hotfix") only to the latest version of the licensed Product.

V. While investigating an issue reported, Allxon may need to temporarily add a test player/software to a Customer's network to help identify the issue. Allxon shall not be responsible for additional bandwidth usage incurred as a result of issue investigation. This additional bandwidth usage may be as a result of, but is not limited to, application error report submissions or the retrieval of system logs.

VI. Technical Support is available for Products installed on a certified device model and operating system (“OS”).

VII. Should the Customer require Product usability assistance or training, it may be made available by Allxon for an extra charge and is subject to Allxon’s availability.

4.04.Response Time

Critical: No service available; Response Time: 1 working day

Urgent: Functionality is impacted or performance is significantly degraded, impacting many users or Players, with no reasonable workaround; Response Time: 5 working day

Response Time shall mean the maximum time period between receipt of an incident notification by Allxon and the time taken to provide the Customer with a course of action associated with the incident.

4.05.Support Exclusions

I. Technical Support does not include incidents resulting from issues with non-Allxon DMS infrastructure. This includes, but is not limited to, command related issues, hardware related issues, network related issues, and/or OS related issues.

II. Technical Support does not include Product help or Product usability issues defined within Allxon DMS’ documentation.

4.06.Customer’s Responsibility

I. The Customer technical contact will provide to Allxon appropriate and sufficient information to help identify and solve incidents such as, but not limited to, device serial number, release, environment, OS, nature of question or problem, diagnostic information, description of the situation, number of devices affected and any action taken. The Customer technical contact will also provide documentation such as error messages, files or screen dumps if required.

II. Only registered account contacts are eligible for Product support. The Customer is responsible to register appropriate contacts by providing the contact’s full name, email address and phone number. The Customer is also responsible for communicating account changes (i.e. adding or removing authorized contacts, or updates to contact information) by opening a case with Allxon as defined in Section 4.03-I

III. All third-party applications running on systems associated to an incident must be disclosed in sufficient detail in the report sent to Allxon Support. If Allxon determines a third-party application is interfering with Allxon DMS service, the incident may be rejected at Allxon’s discretion.

IV. Customer acknowledges that when Allxon carries out Technical Support, Allxon may need to access Customer’s devices either on site or remotely. Customer should provide necessary assistance and cooperation for Allxon to provide Technical Support and should ensure that the third party software used in Customer’s device does not intervene with Allxon’s Technical Support.

V. Upon receiving Allxon’s notice of Software Update, Customer should accept the update with the period recommend by Allxon. If Customer does not complete Software Update within Allxon’s recommended period, Allxon may remotely carries out Software Update in order to make Allxon DMS service works functionally.

4.07.Allxon’s Responsibility

Allxon is responsible for notifying the Customer at least 3 months ahead of the following:

I. Product minimum requirement changes

II. Allxon DMS client applications that are no longer supported by the Allxon DMS Server

III. Changes to the Terms of Service

IV. Above responsibility exclude Allxon DMS web/agent update

4.08.Standard Service Charges

For all service charges, please refer to the official signed agreement with Allxon.

 

5. Miscellaneous provisions

5.01.Modifications

Allxon has the right to change, suspend, and cease providing the Services at least 3 months ahead, if necessary. Allxon also has the right to modify this Term at any time by posting the changes to the terms and conditions on Allxon’s website. Allxon may also notify Customer by sending Customer an email that either (a) specifies the changes in the email, or (b) links to a website that specifies the changes, and the change(s) will become effective in accordance and in the timeframe described in that email or on the website. Customer are obligated to keep Customer’s email address correct and current by updating it through supporting website and acknowledge that this is the method of communication that Allxon will use for this notification purpose. Failure to keep Customer’s email address correct and current may result in email not reaching Customer, but Customer will still be bound by any changes if Customer continue to use the Services.

5.02.Legitimacy

It is Customer’s sole responsibility to comply with all laws and regulations and shall not infringe the intellectual property rights, including but not limited to copyright and business secret, of any third party when uploading any data, program and software via and using Allxon DMS service. Customer shall not upload data, program, or software comprising computer virus or Malware, if so, Customer shall be liable to all damage caused by the action.

 

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Last updated: Sep. 2019

 

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