KATALON SUPPORT POLICY
The following support policy (“Support Policy”) describes the terms and conditions under which Katalon, LLC (“Katalon”) provides support services for Katalon software (“Katalon Support”). In order to purchase Katalon Support, you must fill out the information on the online subscription page (“Services Page” and “Payment Page”) and accept the terms and conditions, including this Support Policy, applicable to Katalon Support, in the manner indicated on the Registration Page. The Registration Page for Katalon Support contains the details regarding the fees you pay and contains other relevant terms and conditions. If you have not purchased Katalon Support, then the only support you receive is indicated in your license agreement for the Katalon software. The term “Agreement” refers to the terms on the Registration Page and this Support Policy. Any capitalized terms not defined in this Support Policy have the meanings assigned to them elsewhere in the Agreement.
1. Support Project. By our definition, a project consists of multiple test cases that perform a specific testing type on an application under test. For every Helpdesk account, Katalon will support only one project at a time. However, you can receive our assistance for multiple projects over the entire course of the subscription; as long as the consultation for the previous project is marked as complete.
2. Helpdesk Account. After you have subscribed to Katalon Support, Katalon will provide the Helpdesk account(s) to log in to the Katalon Support Portal at https://support.katalon.com (“Support Portal”). Helpdesk accounts are not assigned to every individual user, but to each project that Katalon supports. One Helpdesk account is used to serve one single project only. You can submit, view and manage your Support Requests any time through the Support Portal. Katalon Support Services do not include support via phone call or email.
3. Support Request. Below are the three types of requests you may submit:
- Use and Operation: For questions about general use and operation of Katalon Studio. Katalon’s assistance with these requests does not extend to issues specific to the application under test (AUT), network, operating system (OS), hardware, database, or operational and environmental factors that are not within the direct control of Katalon. Requests to create test scripts or custom keywords are also not included in Katalon services.
- Error Reporting: For requests related to errors. An “error” means a material failure of Katalon Studio to perform substantially in accordance with functional specifications published in its documentation. Submitted errors will be verified by the Katalon development team. A resolution schedule will be provided and regularly updated to you.
- Features: You may submit requests to add features to the Katalon software. Katalon will consider your feature requests and provide you with an assessment of the requests based on the evaluation by the product development team. Katalon will inform you of the status of the request.
You can use one Helpdesk account to submit multiple requests that are in accordance with Katalon Studio requests policies in Section 2. You can submit more than one request at a time. However, Katalon will process the requests on a single-thread basis, one by one. Katalon will strive for timely initial responses to your requests.
4. Response Time.
- For Starter and Business Support Services: It will take up to 24 hours for a single request during Katalon’s business day.
- For Enterprise Support Services: It will take up to 12 hours for a single request during Katalon’s business day.
5. Online Resources. Katalon makes online support available in its docs located at https://docs.katalon.com/katalon-studio/docs/index.html. Community support and discussion forums are available at https://forum.katalon.com.
6. Limitations and Exclusions. Katalon is not responsible for: (i) problems arising out of use of the Katalon software by you that is improper or inconsistent with the documentation, this Agreement or your license agreement for the Katalon software; (ii) problems arising out of any data, network, database, hardware, or operational or environmental factors not within the direct control of Katalon; or (iii) failure by you to fulfill any of your responsibilities set forth in Section 7 below; (iv) issues in versions of the Katalon software other than the then-current version or the version immediately prior; or (v) errors or defects that are not reproducible by Katalon or that do not materially affect the operation of the Katalon software.
7. Your Responsibilities. In order for Katalon to provide Katalon Support, you shall:
8. Fees and Payment. In consideration for receiving Katalon support, you shall pay Katalon the support fees set forth on your Registration Page via the manner indicated on the Registration Page (EFT or otherwise). You shall pay interest in the greater of 1.5% per month or the highest amount allowed by law on any amounts not received when due. The fees are exclusive of all taxes, and you shall pay all taxes, duties or charges of any kind imposed by any taxing authority for the amounts due under this Agreement, excluding taxes based solely on Katalon’s income. All fees are nonrefundable.
9. Suspension. Katalon may suspend your Katalon Support for any violation of this Agreement or if Katalon reasonably believes that your activity is harming delivery of Katalon Support to others or the rights or property of any person. You acknowledge that you will not have access to Katalon Support during any suspension. Katalon may exercise the rights in this Section prior to exercising the termination provisions of this Agreement and without prior written notice to you. Unless the Agreement is terminated, Katalon will remove the suspension upon resolution of the cause of the suspension.
10. Term and Termination
11. Disclaimers. KATALON MAKES NO, AND DISCLAIMS ALL, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitation of Liability. IN NO EVENT WILL KATALON OR ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE FEES YOU PAY KATALON UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. IN NO EVENT WILL KATALON OR ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS (INCLUDING LEGAL FEES AND EXPENSES) OR LOSS OF GOODWILL OR PROFIT IN CONNECTION WITH THE KATALON SOFTWARE, KATALON SUPPORT OR THIS AGREEMENT, EVEN IF KATALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS PARAGRAPH MAY NOT APPLY TO YOU.
13. Communications. General questions and communications regarding the Katalon software and Katalon Support can be made via the means provided at the Support Portal. Any notices to Katalon regarding this Agreement should be made to email@example.com. Katalon may contact and notify you at the email address provided on the Registration Page and as updated by you via the Support Portal. You are required to keep your contact information current.
14. Governing Law and Language. This Agreement is governed by the laws of the state of Georgia, USA, without regard to choice or conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The official language of this Agreement is English. All contract interpretations, notices and dispute resolutions shall be in English. Translations of any of these documents are not to be construed as official or original versions of the documents.
15. Dispute Resolution. If you are organized under a state or territory of the United States, then all disputes regarding this Agreement will be settled exclusively in any court of competent jurisdiction located in Fulton County, Georgia. Each party hereby consents and submits to the in personam jurisdiction of such courts. Each party hereby waives any objection based on forum non conveniens and any objection to venue of any action instituted under this Agreement to the extent that an action is brought in the courts identified above. Otherwise, all disputes regarding this Agreement shall be finally resolved by binding arbitration before a single arbitrator pursuant to the then-existing Rules of Conciliation and Arbitration (“Rules”), and under the auspices, of the International Chamber of Commerce (“ICC). The arbitrator shall be knowledgeable in the chosen law and the software industry. At either party’s request, the arbitrator shall give a written opinion stating the factual basis and legal reasoning for the decision. The arbitrator shall have the authority to determine issues of arbitrability and to award damages as permitted by this Agreement. The parties, their representatives, and any other participants shall hold the existence, content, and result of arbitration in confidence. The arbitration proceedings will take place in Atlanta, Georgia. Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, Katalon may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) as necessary to enforce its rights in its intellectual property.
16. Limitation of Actions. No action arising out of this Agreement, regardless of form, may be brought by you more than one year after the date the cause of action has accrued.
17. Miscellaneous. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. Katalon may change this Support Policy at any time by posting a new Support Policy online; you should check Katalon’s site periodically for the latest Support Policy. Otherwise, no waiver or modification of any provision of this Agreement will be effective unless it is in writing, refers to this Agreement, and is signed by authorized representatives of the parties. No failure or delay by either party to exercise any right, power, or remedy constitutes a waiver of that right, power, or remedy. A party’s waiver of the performance of any covenant or any breach is not to be construed as a waiver of any succeeding breach or of any other covenant. If any provision of this Agreement requires judicial interpretation, this Agreement is not to be more strictly construed against one party than the other. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the provision will be ineffective only to the extent of the invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. You may not assign, sublicense, or transfer this Agreement without the prior written consent of Katalon. Any attempt by you to sublicense, assign or transfer any rights, duties, or obligations hereunder is null and void.